REPORT 

of  the 


New  York  State  Factory  Investigating  Commission 


Appendix  I 

BILLS  SUBMITTED  TO  THE  LEGISLATURE 


ROBERT  F.  WAGNER,  Chairman 
ABRAM  I.  ELKUS,  Chief  Counsel 


JANUARY  15,  1913 


Compliments  of 

Hon.  Robert  f.  Wagner, 

Senator,  16th  District 


LIST  OF  BILLS  SUBMITTED  TO  THE  LEGIS- 
LATURE BY  THE  NEW  YORK  STATE  FACTORY 
INVESTIGATING  COMMISSION : * 

INDEX. 


PAGE. 


1. 

2. 

A- 

3. 

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A 5 

<;  g 

4. 

5. 

6. 

l 

7. 

8. 

9. 

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10. 

<0 

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11. 

<3° 

5*  12* 


5 


in 


13. 

14. 


Industrial  board 

Changes  in  organization  of  department 

of  labor  and  its  bureaus 

Extension  of  jurisdiction  of  department 
of  labor  over  mercantile  establish- 
ments in  cities  of  the  second  class. . . . 

Division  of  mercantile  inspection 

Posting  abstracts  of  labor  law 

Penalties  for  violation  labor  law 

Fire-proof  receptacles,  gas  jets,  smoking 
Fire  alarm  signal  systems  and  fire  drills 

Automatic  sprinklers 

Fire-escapes  and  exits  ; limitation  of 
number  of  occupants  ; construction  of 

future  factory  buildings 

Amendment  to  Fire  Prevention  Law 

(Board  of  Survey) 

Prohibition  of  employment  of  children 
under  fourteen  in  cannery  sheds  or 
tenement  houses  ; definition  of  fac- 
tory building ; definition  of  tenement 

house 

Manufacturing  in  tenement  houses 

Hours  of  labor  of  women  in  canneries.  . 


1 

6 


17 

22 

25 

26 
28 
29 
31 


33 

54 


57 

59 

71 


58E  i * The  recommendations  of  the  Commission  are  submitted  in  separate 
^ bills,  for  convenient  reference.  They  will  later  be  combined  so  as  to  con- 
stitute one  or  two  bills  containing  definite  enforcement  provisions. 


232388 


11 

PAGE. 

15.  Housing  conditions  in  labor  camps  main- 

tained in  connection  with  a factory  . . 83 

16.  Physical  examination  of  children  between 

fourteen  and  sixteen  years  in  factories . 7 4 

17.  Amendments  to  Child  Labor  Law;  physi- 

cal examination  before  issuance  of  em- 
ployment certificate  ; school  record  ; 
supervision  over  issuance  of  employ- 
ment certificates 77 

18.  Amendment  to  Compulsory  Education 

Law  ; school  record 82 

19.  Night  work  of  women  in  factories 83 

20.  Seats  for  females  in  factories 84 

21.  Bakeries 85 

22.  Cleanliness  of  work  rooms 94 

23.  Cleanliness  of  factory  buildings 95 

24.  Ventilation;  general;  special 96 

25.  Washing  facilities;  dressing  rooms; 

water  closets 98 

26.  Accident  prevention;  lighting  of  factories 

and  workrooms 103 

27.  Elevators ...  108 

28.  Dangerous  trades Ill 

29.  Foundries 112 

30.  Employment  of  children  in  dangerous  oc- 

cupations; employment  of  women  in 
core  rooms 115 

31.  Labeling  of  containers  of  wood  alcohol. . 118 

32.  Extension  of  jurisdiction  of  Commission.  119 


BILL  NO.  1* 


An  Act  to  amend  the  labor  law,  by  providing 
for  an  industrial  board. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  Chapter  thirty-six  of  the  laws  of 
nineteen  hundred  and  nine,  entitled  “ An  act  re- 
lating to  labor,  constituting  chapter  thirty- one 
of  the  consolidated  laws,”  is  hereby  amended 
by  inserting  therein,  after  Article  III,  a new  art- 
icle to  be  Article  Ill-a  thereof,  to  read  as  follows  : 


ARTICLE  III— A. 

INDUSTRIAL  BOARD. 

§ 50.  Industrial  board  : organization. 

§ 51.  Jurisdiction  of  board. 

§ 52.  Rules  and  regulations  ; industrial  code. 

§ 50.  Industrial  board  ; organization. 

1.  There  shall  be  an  industrial  board,  to  consist 
of  the  commissioner  of  labor,  who  shall  be  chair- 
man of  the  board,  and  four  associate  members.  The 
associate  members  shall  be  appointed  by  the  gov- 
ernor by  and  with  the  advice  and  consent  of  the 
senate.  Of  the  associate  members  first  appointed, 
one  shall  hold  office  until  January  first,  1915,  one 
until  January  first,  1916,  one  until  January  first, 


♦Explanation. — In  all  bills  matter  in  italics  is  new ; matter 
in  brackets  [ ] is  old  law  to  be  omitted. 


1917,  and  one  until  January  first,  1918.  Upon  the 
expiration  of  each  of  said  terms,  the  term  of  office 
of  each  associate  member  thereafter  appointed  shall 
be  four  years  from  the  first  day  of  January. 
Vacancies  shall  be  filled  by  appointment  for  the  un- 
expired term.  The  associate  members  shall  each 
receive  a salary  of  three  thousand  dollars  a year 
and  each  of  said  associate  members  shall  be  paid  his 
reasonable  and  necessary  traveling  and  other  ex- 
penses while  engaged  in  the  performance  of  his 
duties  in  the  manner  provided  in  section  forty-four 
of  this  chapter. 

2.  The  board  shall  appoint  and  may  remove  a 
secretary  who  shall  receive  a salary  to  be  fixed  by 
the  board.  The  commissioner  of  labor  shall  detail, 
from  time  to  time,  to  the  assistance  of  the  board, 
such  employees  of  the  department  of  labor  as  the 
board  may  require.  In  aid  of  its  work,  the  board 
is  empowered  to  employ  experts  for  special  and  oc- 
casional services.  The  counsel  to  the  department 
of  labor  shall  be  counsel  to  the  board  without  addi- 
tional compensation. 

3.  The  board  shall  hold  stated  meetings,  at  least 
once  a month  during  the  year  at  its  office  in  the 
city  of  Albany  or  in  the  City  of  New  York  and 
shall  hold  other  meetings  at  such  times  and  places 
as  the  needs  of  the  public  service  may  require. 
Such  meetings  shall  be  called  by  the  chairman  or 
by  a majority  of  the  board.  All  meetings  of  the 
board  shall  be  open  to  the  public.  The  board  shall 
keep  minutes  of  its  proceedings  showing  the  vote  of 
each  member  upon  every  question  and  records  of  its 
examinations  and  other  official  action. 

§ 51.  Jurisdiction  of  board.  The  board  shall 
have  power:  (1)  To  make  investigations  concern- 
ing and  report  upon  all  matters  touching  the  en- 


forcement  and  effect  of  the  provisions  of  this  chap- 
ter and  the  rules  and  regulations  made  by  the  board 
thereunder,  and  in  the  course  of  such  investiga- 
tions, each  member  of  the  board  and  the  secretary 
shall  have  power  to  administer  oaths.  Each  mem- 
ber of  the  board  shall  have  power  to  make  personal 
inspection  of  all  factories,  factory  buildings,  mer- 
cantile establishments  and  premises  to  which  this 
chapter  is  applicable. 

(2)  To  subpoena  and  require  the  attendance  in  this 
state  of  witnesses  and  the  production  of  books  and 
papers  pertinent  to  the  investigations  and  inquiries 
hereby  authorized  and  to  examine  them  in  relation 
to  any  matter  which  it  has  power  to  investigate.  For 
the  purposes  of  any  such  investigation,  the  board  pos- 
sesses all  the  powers  conferred  by  the  legislative  law 
upon  a committee  of  the  legislature  or  by  the  code 
of  civil  procedure  upon  a board  or  committee  and 
may  invoke  the  power  of  any  court  of  record  in  the 
state  to  compel  the  attendance  and  testimony  of 
witnesses  and  the  production  of  books  and  papers. 

(3)  To  make,  alter,  amend  and  repeal  rules  and 
regulations  for  carrying  into  effect  the  provisions 
of  this  chapter,  applying  such  provisions  to  specific 
conditions  and  prescribing  specific  means,  methods 
or  practices  to  effectuate  such  provisions. 

(4)  To  make,  alter,  amend  or  repeal  rules  and 
regulations  for  guarding  against  and  minimizing 
fire  hazards,  personal  injuries  and  disease,  with 
respect  to  (a)  The  construction,  alteration,  equipment 
and  maintenance  of  factories,  factory  buildings  and 
mercantile  establishments,  including  the  conversion 
of  structures  into  factories  and  factory  buildings  ; 
(b)  factory  buildings  and  mercantile  establishments 
and  the  limitation  of  the  number  of  persons  who 
may  occupy  the  same  or  any  part  thereof ; (c)  the 


4 


arrangement  and  guarding  of  machinery  and  the 
keeping  of  property  and  articles  in  factories, 
factory  buildings  and  mercantile  establishments;  (d) 
the  places  where  and  the  methods  and  operations  by 
which  trades  and  occupations  may  be  conducted 
and  the  conduct  of  employers,  employees  and 
other  persons  in  and  about  factories,  factory  build- 
ings and  mercantile  establishments  : It  being  the 
policy  and  intention  of  this  chapter  that  all  fac- 
tories, factory  buildings  and  mercantile  establish- 
ments shall  be  so  constructed,  equipped,  arranged, 
operated  and  conducted  in  all  respects  as  to  provide 
reasonable  and  adequate  protection  to  the  lives, 
health  and  safety  of  all  persons  employed  therein 
and  that  the  said  board  shall  from  time  to  time 
make  such  rules  and  regulations  as  will  effectuate 
the  said  policy  and  intention. 

§ 52.  Rules  and  regulations  ; industrial  code. 

1.  The  rules  and  regulations  adopted  by  the  board 
pursuant  to  the  provisions  of  this  chapter  shall 
have  the  force  and  effect  of  law  and  may  be  en- 
forced in  the  same  manner  as  the  provisions  of  this 
chapter.  They  may  be  applicable  throughout  the 
state  or  may  be  limited  to  specific  localities. 
Such  rules  and  regulations  may  apply  in  whole  or 
in  part  to  particular  kinds  of  factories  or  work- 
shops, or  to  particular  machines,  apparatus  or 
articles  ; or  to  particular  processes,  industries, 
trades  or  occupations  ; and  they  may  be  limited  in 
their  application  to  factories  or  workshops  to  be 
established,  or  to  machines,  apparatus  or  other 
articles  to  be  installed  or  provided  in  the  future. 

2.  At  least  three  affirmative  votes  shall  be  necessary 
to  the  adoption  of  any  rule  or  regulation  by  the 
board.  Before  any  rule  or  regulation  is  adopted, 
altered,  amended  or  repealed  by  the  board  there 


5 


shall  be  a public  hearing  thereon,  notice  of  which 
shall  be  published  not  less  than  ten  days,  in  such 
daily  newspapers  as  the  board  may  prescribe. 
Every  rule  or  regulation  and  every  act  of  the  board 
shall  be  promptly  published  in  bulletins  of  the  de- 
partment of  labor  or  in  such  daily  newspapers  as 
the  board  may  prescribe. 

3.  The  rules  and  regulations  which  shall  be  in 
force  on  the  first  day  of  October,  nineteen  hundred 
and  thirteen,  and  the  amendments  and  alterations 
thereof,  and  the  additions  thereto,  shall  constitute 
the  industrial  code.  The  industrial  code  may  em- 
brace all  matters  and  subjects  to  which  and  so  far 
as  the  power  and  authority  of  the  department  of 
labor  extends  and  its  application  need  not  be  limited 
to  subjects  enumerated  in  this  section.  The  in- 
dustrial code  and  all  amendments  and  alterations 
thereof  and  additions  thereto  shall  be  certified  by 
the  secretary  of  the  board  and  filed  with  the  sec- 
retary of  state. 

Section  2.  Such  chapter  is  hereby  amended  by 
inserting  therein  after  section  twenty-a  a new  sec- 
tion to  be  section  twenty-b,  to  read  as  follows  : 

§ 20-b.  Protection  of  employees  in  factories  and 
mercantile  establishments.  All  factories,  factory 
buildings  and  mercantile  establishments  shall  be  so 
constructed,  equipped,  arranged,  operated  and  con- 
ducted in  all  respects  as  to  provide  reasonable  and 
adequate  protection  to  the  lives,  health  and  safety 
of  all  persons  employed  therein.  The  industrial 
board  shall,  from  time  to  time,  make  such  rules  and 
regulations  as  will  carry  into  effect  the  provisions 
of  this  section. 

Section  3.  This  act  shall  take  effect  immedi- 
ately. 


6 


BILL  NO.  2. 

An  Act  to  amend  the  labor  law  in  relation  to  the 
organization  of  the  department  of  labor  and 
its  various  bureaus. 

The  People  of  the  State  of  New  York,  repre- 
sented in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  Sections  forty  and  forty-one  of  chap- 
ter thirty-six  of  the  laws  of  nineteen  hundred  and 
nine,  entitled  “ An  act  relating  to  labor,  constitut- 
ing chapter  thirty-one  of  the  consolidated  laws,”  as 
amended  by  chapter  seven  hundred  and  twenty- 
nine  of  the  laws  of  nineteen  hundred  and  eleven, 
are  hereby  amended  to  read  as  follows : 

§ 40.  Commissioner  of  labor.  There  shall  con- 
tinue to  be  a department  of  labor,  the  head  of  which 
shall  be  the  commissioner  of  labor,  who  shall  be 
appointed  by  the  governor  by  and  with  the  consent 
of  the  senate,  and  who  shall  hold  office  for  a term  of 
four  years  beginning  on  the  first  day  of  January  of 
the  year  in  which  he  is  appointed.  He  shall  receive 
an  annual  salary  of  [five  thousand  five  hundred] 
eight  thousand  dollars.  He  shall  appoint  all  officers, 
clerks  and  other  employees  in  the  department  of 
labor  except  as  in  this  chapter  othemoise  provided. 

§ 41 . Deputy  commissioners.  The  commissioner 
of  labor  shall  forthwith  upon  entering  upon  the 
duties  of  his  office,  appoint  and  may  at  pleasure 
remove  two  deputy  commissioners  of  labor  [,  who 
shall  receive  such  annual  salaries,  not  to  exceed 
four  thousand  dollars  and  three  thousand  five 
hundred  dollars,  respectively,  as  may  be  appropri- 
ated therefor.  The  powers  hereinafter  conferred 
upon  the  first  and  second  deputy  commissioners 


7 


shall  not  include  the  appointment  of  officers,  clerks 
or  other  employees  in  any  of  the  bureaus  of  the 
department  of  labor].  The  first  deputy  commis- 
sioner shall  receive  a salary  of  five  thousand 
dollars  a year;  the  second  deputy  commissioner 
shall  receive  a salary  of  three  thousand  five  hun- 
dred dollars  a year. 

The  first  deputy  commissioner  shall , during  the 
absence  or  disability  of  the  commissioner  of  labor , 
possess  all  the  powers  and  perform  all  the  duties  of  the 
commissioner  except  the  power  of  making  appoint- 
ments. During  the  absence  or  disability  of  both  the 
commissioner  of  labor  and  the  first  deputy  commis- 
sioner, the  second  deputy  commissioner  shall  pos- 
sess all  the  powers  and  perform  all  the  duties  of 
the  commissioner  except  the  power  of  making  ap- 
pointments. In  addition  to  their  duties  and  pow- 
ers as  prescribed  by  the  provisions  of  this  chapter , 
the  deputy  commissioners  of  labor  shall  perform 
such  other  duties  and  possess  such  other  powers  as 
the  commissioner  of  labor  may  prescribe. 

Section  2.  Section  forty-two  of  such  chapter  as 
amended  by  chapter  five  hundred  and  fourteen  of 
the  laws  of  nineteen  hundred  and  ten,  is  hereby 
amended  to  read  as  follows  : 

§42.  Bureaus.  The  department  of  labor  shall  [be 
divided  into  five]  have  four  bureaus  as  follows:  [Fac- 
tory] inspection  ; [labor]  statistics  and  information  ; 
mediation  and  arbitration  and  industries  and  immi- 
gration [,  and  mercantile  inspection].  There  shall 
be  such  other  bureaus  in  the  department  of  labor  as 
the  commissioner  of  labor  may  deem  necessary. 

Section  3.  Section  forty-five  of  such  chapter  as 
amended  by  chapter  seven  hundred  and  twenty- 
nine  of  the  laws  of  nineteen  hundred  and  eleven,  is 
hereby  amended  to  read  as  follows  : 


8 


§ 45.  [Sub]  Branch  offices.  [The  commissioner 
of  labor  may  establish  and  maintain  a sub-office  in 
any  city  if  in  his  opinion  it  be  necessary.  He  may 
designate  any  one  or  more  of  his  subordinates  to 
take  charge  of  and  manage  any  such  office,  subject 
to  his  direction.]  The  commissioner  of  labor  shall 
establish  and  maintain  branch  offices  of  the  de- 
partment in  the  city  of  New  York  and  in  such 
other  cities  of  the  state  as  he  may  deem  advisable. 
Such  branch  offices  shall , subject  to  the  supervision 
and  direction  of  the  commissioner  of  labor , be  in 
immediate  charge  of  such  officials  or  employees  as 
the  commissioner  of  labor  may  designate.  The 
reasonable  and  necessary  expenses  of  such  offices 
shall  be  paid  as  are  other  expenses  of  the  commis- 
sioner of  labor. 

Section  4.  Section  forty-eight  of  such  chapter  is 
hereby  amended  to  read  as  follows: 

§48.  Counsel.  [The  commissioner  of  labor  may 
employ  counsel  in  the  department  of  labor  to  repre- 
sent the  department  or  to  assist  in  the  prosecution 
of  actions  or  proceedings  brought  under  the  provi- 
sions of  this  chapter.  Such  counsel  shall  receive 
such  compensation  as  may  otherwise  be  provided  by 
law.]  The  commissioner  of  labor  shall  appoint 
and  may  at  pleasure  remove  counsel  who 
shall  be  an  attorney  and  counsellor  at  lata 
of  the  state  of  New  York  to  represent  the  de- 
partment of  labor  and  to  take  charge  of  and  assist 
in  the  prosecution  of  actions  and  proceedings 
brought  by  or  on  behalf  of  the  commissioner  of  labor 
or  the  department  of  labor  and  generally  to  act  as 
legal  adviser  to  the  commissioner.  Such  counsel 
shall  receive  a salary  of  four  thousand  dollars  a 
year.  The  commissioner  of  labor  shall  have  power 
to  appoint  and  at  pleasure  remove  attorneys  and 


9 


counsellors  at  law  to  assist  the  counsel  in  the  per- 
formance of  his  duties , who  shall  receive  such  com- 
pensation as  may  he  provided  by  law. 

Section  5.  Sections  fifty-five  and  fifty-six  of  such 
chapter  are  hereby  amended  to  read  as  follows  : 

§ 55.  Bureau  of  [labor],  statistics  and  informa- 
tion. [There  shall  continue  to  be  a]  The  bureau  of 
[labor]  statistics  and  information , [which]  shall 
be  under  the  immediate  charge  of  a chief  statis- 
tician, but  subject  to  the  direction  and  supervision 
of  the  commissioner  of  labor. 

§56.  Divisions ; [D]  duties  and  powers.  1. 
The  bureau  of  statistics  and  information  shall 
have  five  divisions  as  follows  : general  labor  sta- 
tistics ; industrial  directory;  industrial  accidents 
and  diseases ; investigations;  and  printing  and 
publication.  There  shall  be  such  other  divisions 
in  such  bureau  as  the  commissioner  of  labor  may 
deem  advisable.  Each  of  the  said  divisions  shall , 
subject  to  the  supervision  and  direction  of  the  com- 
missioner of  labor  and  of  the  chief  statistician,  be 
in  charge  of  an  officer  or  employee  of  the  depart- 
ment of  labor  designated  by  the  commissioner  of 
labor  ; and  each  of  the  said  divisions , in  addition 
to  the  duties  prescribed  in  this  chapter , shall  per- 
form such  other  duties  as  may  be  assigned  to  it  by 
the  commissioner  of  labor. 

The  [commissioner  of  labor.]  division  of 
general  labor  statistics  shall  collect,  assort  and 
systematize  [and  present  in  annual  reports  to  the 
Legislature,]  statistical  details  and  general  infor- 
mation in  relation  to  all  departments  of  labor  in  the 
state,  especially  in  relation  to  the  commercial,  in- 
dustrial, social  and  sanitary  condition  of  working- 
men and  to  the  productive  industries  of  the  state. 


10 


3.  The  division  of  industrial  directory  shall  pre- 
pare the  industrial  directory  provided  for  in  section 
forty-nine  of  this  chapter. 

Ji.  The  division  of  industrial  accidents  and  di- 
seases shall  collect , assort  and  systematize  statistical 
details  and  general  information  regarding  indus- 
trial accidents  and  occupational  diseases , their 
causes  and  effects , and  methods  of  preventing,  cur- 
ing and  remedy  ing  them , and  of  providing  compen- 
sation therefor. 

5.  The  division  of  investigations  shall  have 
charge  of  all  investigations  and  research  work  con- 
ducted by  such  bureau. 

6.  The  division  of  printing  and  publication  shall 
print , publish  and  disseminate  in  such  manner  and 
to  such  extent  as  the  commissioner  of  labor  shall 
direct , such  information  and  statistics  as  the  com- 
missioner of  labor  may  direct  for  the  purpose  of 
promoting  the  health , safety  and  well  being  of  per- 
sons employed  at  labor. 

7.  The  commissioner  of  labor  [He]  may  sub- 
poena witnesses,  take  and  hear  testimony,  take  or 
cause  to  be  taken  depositions  and  administer  oaths. 

Section  6.  Section  sixty  of  such  chapter  as 
amended  by  chapter  seven  hundred  and  twenty-nine 
of  the  laws  of  nineteen  hundred  and  eleven  is  hereby 
amended  to  read  as  follows  : 

§60.  [Chief  factory  inspector]  Bureau  of  Inspec- 
tion ; inspector  general.  [There  shall  continue  to 
be  a bureau  of  factory  inspection.]  The  bureau  of 
inspection , subject  to  the  supervision  and  direction 
of  the  commissioner  of  labor , shall  have  charge  of 
all  inspections  made  pursuant  to  the  provisions  of 
this  chapter , and  shall  perform  such  other  duties 
as  may  be  assigned  to  it  by  the  commissioner  of 


11 


labor.  The  first  deputy  commissioner  of  labor  shall 
be  the  [chief  factory]  inspector  general  of  the  state, 
and  in  charge  of  this  bureau  subject  to  the  di- 
rection and  supervision  of  the  commissioner  of 
labor,  except  that  the  division  of  industrial 
hygiene  shall  be  under  the  immediate  direction  and 
supervision  of  the  commissioner  of  labor.  Such 
bureau  shall  have  four  divisions  as  follows:  factory 
inspection , homework  inspection , mercantile  in- 
spection and  industrial  hygiene.  There  shall  be 
such  other  divisions  in  such  bureau  as  the  com- 
missioner of  labor  may  deem  necessary.  In  ad- 
dition to  their  duties  as  prescribed  by  the  provi- 
sions of  this  chapter , such  divisions  shall  perform 
such  other  duties  as  may  be  assigned  to  them  by  the 
commissioner  of  labor. 

Section  7.  Such  chapter  is  hereby  amended  by 
inserting  therein,  after  section  sixty,  two  new  sec- 
tions, to  be  sections  sixty- a and  sixty- b,  to  read  as 
follows  : 

§60-a.  Division  of  factory  inspection;  inspection 
districts;  chief  factory  inspectors.  For  the  inspec- 
tion of  factories,  there  shall  be  two  inspection  dis- 
tricts to  be  known  as  the  first  factory  inspection 
district  and  the  second  factory  inspection  dis- 
trict. The  first  factory  inspection  district  shall 
include  the  counties  of  New  York,  Bronx,  Kings, 
Queens,  Richmond,  Nassau  and  Suffolk.  The 
second  factory  inspection  district  shall  include  all 
the  other  counties  of  the  state.  There  shall  be  two 
chief  factory  inspectors  who  shall  be  appointed  by 
the  commissioner  of  labor  and  who  may  be  removed 
by  him  at  any  time  and  each  of  whom  shall  re- 
ceive a salary  of  four  thousand  dollars  a year.  The 
inspection  of  factories  in  each  factory  inspection  dis- 
trict shall,  subject  to  the  supervision  and  direction 


12 


of  the  commissioner  of  labor,  be  in  charge  of  a 
chief  factory  inspector  assigned  to  such  district  by 
the  commissioner  of  labor. 

§ 60-b.  Division  of  homework  inspection.  The 
division  of  homework  inspection  shall  be  in  charge 
of  an  officer  or  employee  of  the  department  of  labor 
designated  by  the  commissioner  of  labor  and  shall, 
subject  to  the  supervision  and  direction  of  the  com- 
missioner of  labor,  have  charge  of  all  inspections  of 
tenement-houses  and  of  labor  therein  and  of  all 
work  done  for  factories  at  places  other  than  such 
factories. 

Section  8.  Section  sixty-one  of  such  chapter,  as 
amended  by  chapter  one  hundred  and  fifty-eight  of 
the  laws  of  nineteen  hundred  and  twelve,  is  hereby 
amended  to  read  as  follows: 

§61.  Factory  inspectors. — [The  commissioner  of 
labor  may  appoint  from  time  to  time  not  more 
than  one  hundred  and  twenty -five  persons,  as  fac- 
tory inspectors,  not  more  than  twenty  of  whom 
shall  be  women,  and  who  may  be  removed  by  him 
at  any  time.  The  factory  inspectors  may  be  di- 
vided into  five  grades,  but  not  more  than  thirty 
shall  be  of  the  third  grade,  and  not  more  than  eight 
shall  be  of  the  fourth  grade  and  not  more  than  one 
shall  be  of  the  fifth  grade.  Each  inspector  of  the 
first  grade  shall  receive  an  annual  salary  of  one 
thousand  dollars,  each  of  the  second  grade  an  an- 
nual salary  of  one  thousand  two  hundred  dollars 
and  each  of  the  third  grade  an  annual  salary  of  one 
thousand  five  hundred  dollars.  There  shall  be  after 
October  first,  nineteen  hundred  and  eleven,  no  fur- 
ther appointments  in  the  first  grade  and  no  vacan- 
cies in  the  first  grade  shall  be  filled.  There  may  be 
at  any  time  not  to  exceed  ninety  persons  in  the 
second  grade.  Each  inspector  of  the  fourth  grade 


shall  receive  an  annual  salary  of  two  thou* 
sand  five  hundred  dollars.  Each  inspector  of 
the  fifth  grade  shall  receive  an  annual  salary 
of  three  thousand  five  hundred  dollars.  Each  in- 
spector of  the  fifth  grade  shall  be  a mechanical  en- 
gineer.] There  shall  he  not  less  than  one  hundred 
and  twenty-five  factory  inspectors,  not  more  than 
thirty  of  whom  shall  he  women.  Such  inspectors 
shall  he  appointed  hy  the  commissioner  of  labor 
and  may  he  removed  hy  him  at  any  time.  The  in- 
spectors shall  he  divided,  into  seven  grades.  In- 
spectors of  the  first  grade,  of  whom  there  shall  he 
not  more  than  ninety-five,  shall  each  receive  an  an- 
nual salary  of  one  thousand  two  hundred  dollars ; 
inspectors  of  the  second,  grade,  of  whom  there  shall 
he  not  more  than  fifty,  shall  each  receive  an  annual 
salary  of  one  thousand  five  hundred  dollars ; in- 
spectors of  the  third  grade,  of  whom  there  shall  he 
not  more  than  tiventy-five,  shall  each  receive  an 
annual  salary  of  one  thousand  eight  hundred 
dollars ; . inspectors  of  the  fourth  grade,  of 
whom  there  shall  he  not  more  than  ten,  shall 
each  receive  an  annual  salary  of  two  thousand 
dollars  and  shall  act  as  investigators ; inspectors 
of  the  fifth  grade , of  whom  there  shall  he  not  more 
than  nine , one  of  whom  shall  be  able  to  speak  and 
write  five  European  languages  in  addition  to 
English , shall  each  receive  an  annual  salary  of 
two  thousand  five  hundred  dollars  and  shall  act  as 
supervising  inspectors ; inspectors  of  the  sixth 
grade,  of  whom  there  shall  he  not  less  than  three 
and  one  of  whom  shall  he  a woman ■ shall  act  as 
medical  inspectors  and  shall  each  receive  an  an- 
nual salary  of  two  thousand  five  hundred  dollars; 
inspectors  of  the  seventh  grade,  of  whom  there  shall 
he  not  less  than  four,  shall  each  receive  an  an- 
nual salary  of  three  thousand  five  hundred  dot- 


14 


lars;  all  of  the  inspectors  of  the  sixth  grade 
shall  he  physicians  duly  licensed  to  practice 
medicine  in  the  state  of  Netv  York.  Of  the  in- 
spectors of  the  seventh  grade  one  shall  he  a physi- 
cian duly  licensed  to  practice  medicine  in  the  state 
of  Netv  York , and  he  shall  he  the  chief  medical  in- 
spector; one  shall  he  a chemical  engineer;  one 
shall  he  a,  mechanical  engineer , and  an  expert  in 
ventilation  and  accident  prevention;  and  one  shall 
he  a civil  engineer , and  an  expert  in  fire  prevention 
and  building  construction. 

Section  9.  Such  chapter  is  hereby  amended  by 
inserting  therein,  after  section  sixty-one,  a new 
section,  to  be  section  sixty-one-a,  to  read  as  follows : 

§ 61-a.  Division  of  industrial  hygiene  ; -section 
of  medical  inspection.  The  inspectors  of  the 
seventh  grade  shall  constitute  the  division  of  in- 
dustrial hygiene,  which  shall  be  under  the  im- 
mediate charge  of  the  commissioner  of  labor.  The 
commissioner  of  labor  may  select  one  of  the  in- 
spectors of  the  seventh  grade  to  act  as  the  di- 
rector of  such  division,  and  such  director  while 
acting  in  that  capacity  shall  receive  an  ad- 
ditional compensation  of  five  hundred  dollars 
a year.  The  members  of  the  division  of  indus- 
trial hygiene  shall  make  special  inspections  of 
factories,  mercantile  establishments  and  other 
places  subject  to  the  provisions  of  this  chapter, 
throughout  the  state,  and  shall  conduct  special  in- 
vestigations of  industrial  processes  and  conditions. 
The  commissioner  of  labor  shall  submit  to  the 
industrial  board  the  recommendations  of  the  divi- 
sion regarding  proposed  rules  and  regulations  and 
standards  to  be  adopted  to  carry  into  effect  the  pro- 
visions of  this  chapter  and  shall  advise  said  board 
concerning  the  operation  of  such  rules  and  standards 


15 


and  as  to  any  changes  or  modifications  to  be  made 
therein.  The  members  of  such  division  shall 
prepare  material  for  leaflets  and  bulletins 
calling  attention  to  dangers  in  particular  in- 
dustries and  the  precautions  to  be  taken 
to  avoid  them ; and  shall  perform  such  other 
duties  and  render  such  other  services  as 
may  be  required  by  the  commissioner  of 
labor.  The  director  of  such  division  shall  make  an 
annual  report  to  the  commissioner  of  labor  of  the 
operation  of  the  division,  to  which  may  be  attached 
the  individual  reports  of  each  member  of  the  division 
as  above  specified,  and  same  shall  be  transmitted 
to  the  legislature  as  part  of  the  annual  report  of 
the  commissioner  of  labor. 

The  inspectors  of  the  sixth  grade  shall  constitute 
the  section  of  medical  inspection  which  shall,  sub- 
ject to  the  supervision  and  direction  of  the  director 
of  the  division  of  industrial  hygiene,  be  under 
the  immediate  charge  of  the  chief  medical  in- 
spector. The  section  of  medical  inspection  shall 
inspect  factories,  mercantile  establishments  and 
other  places  subject  to  the  provisions  of  this  chap- 
ter throughout  the  state  with  respect  to  conditions 
of  work  affecting  the  health  of  persons  employed 
therein  and  shall  have  charge  of  the  physical  ex- 
amination and  medical  supervision  of  all  children 
employed  therein  and  shall  perform  such  other 
duties  and  render  such  other  services  as  the  com- 
missioner of  labor  may  direct. 

Section  10.  Section  sixty-two  of  such  chapter,  as 
amended  by  chapter  seven  hundred  and  twenty- 
nine  of  the  laws  of  nineteen  hundred  and  eleven,  is 
hereby  amended  to  read  as  follows  : 

§ 62.  General  powers  and  duties.  1.  The  com- 
missioner of  labor  shall,  from  time  to  time,  divide 


16 


the  state  into  sub- districts,  assign  one  factory  in- 
spector of  the  [fourth]  fifth  grade  to  each  sub- dis- 
trict as  supervising  inspector,  and  may  in  his  dis- 
cretion transfer  [them]  such  supervising  inspector 
from  one  sitfr-district  to  another  ; he  shall  from  time 
to  time  assign  and  transfer  factory  inspectors  to 
each  factory  inspection  district  and  to  any  of  the 
divisions  of  the  bureau  of  inspect  ion ; he  may  assign 
any  factory  inspector  to  inspect  any  special  class  or 
classes  of  factories  or  to  enforce  any  special  provi- 
sions of  this  chapter  ; and  he  may  assign  any  one  or 
more  of  them  to  act  as  clerks  in  any  office  of  the 
department. 

2.  The  commissioner  of  labor  may  authorize  any 
deputy  commissioner  or  assistant  and  any  [special] 
agent  or  inspector  in  the  department  of  labor  to 
act  as  a [deputy]  factory  inspector  with  the  full 
power  and  authority  thereof. 

3.  The  commissioner  of  labor,  the  first  deputy 
commissioner  of  labor  and  his  assistant  or  assist- 
ants, and  every  factory  inspector  and  every  person 
duly  authorized  pursuant  to  sub-division  two  of 
this  section  may,  in  the  discharge  of  his  duties 
enter  any  place,  building  or  room  [where  and  when 
any  labor  is  being  performed]  which  is  affected  by 
the  provisions  of  this  chapter  and  may  enter  any 
factory  whenever  he  may  have  reasonable  cause  to 
believe  that  any  such  labor  is  being  performed 
therein. 

4.  The  commissioner  of  labor  shall  visit  and  in- 
spect or  cause  to  be  visited  and  inspected  the  fac- 
tories, during  reasonable  hours,  as  often  as  prac- 
ticable, and  shall  cause  the  provisions  of  this  chap- 
ter and  the  rules  and  regulations  of  the  industrial 
board  to  be  enforced  therein. 


17 


5.  Any  lawful  municipal  ordinance,  by-law  or 
regulation  relating  to  factories,  in  addition  to  the 
provisions  of  this  chapter  and  not  in  conflict  there- 
with, may  be  observed  and  enforced  by  the  com- 
missioner of  labor. 

Section  11.  This  act  shall  take  effect  imme- 
diately. 


bill  no.  3 

An  Act  to  amend  the  labor  law  in  relation  to  the 
extension  of  the  jurisdiction  of  the  department 
of  labor  over  mercantile  establishments  in  cities 
of  the  second  class. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows  : 

Section  1.  Sections  one  hundred  and  sixty-seven, 
one  hundred  and  sixty-eight,  one  hundred  and 
sixty-nine,  one  hundred  and  seventy-one,  and  one 
hundred  and  seventy-two  of  chapter  thirty-six  of  the 
laws  of  nineteen  hundred  and  nine,  entitled  “ An 
act  relating  to  labor,  constituting  chapter  thirty- 
one  of  the  consolidated  laws,”  are  hereby  amended 
to  read  as  follows  : 

§167.  Registry  of  children  employed. — The  owner, 
manager  or  agent  of  a mercantile  or  other  estab- 
lishment specified  in  section  one  hundred  and  sixty - 
one,  employing  children,  shall  keep  or  cause  to  be 
kept  in  the  office  of  such  establishment,  a register, 
in  which  shall  be  recorded  the  name,  birthplace, 
age  and  place  of  residence  of  all  children  so  em- 
ployed under  the  age  of  sixteen  years.  Such  regis- 
ter and  the  certificate  filed  in  such  office  shall  be 
produced  for  inspection,  upon  the  demand  of  an 


18 


officer  of  the  board,  department  or  commissioner  of 
health  of  the  town,  village  or  city  where  such  es- 
tablishment is  situated,  or  if  such  establishment  is 
situated  in  a city  of  the  first  or  second  class,  upon 
the  demand  of  the  commissioner  of  labor.  On 
termination  of  the  employment  of  the  child  so 
registered  and  whose  certificate  is  so  filed,  such 
certificate  shall  be  forthwith  surrendered  by 
the  employer  to  the  child  or  its  parent  or  guardian 
or  custodian.  An  officer  of  the  board,  department 
or  commissioner  of  health  of  the  town,  village  or 
city  where  a mercantile  or  other  establishment  men- 
tioned in  this  article  is  situated,  or  if  such  estab- 
lishment is  situated  in  a city  of  the  first  or  second 
class  the  commissioner  of  labor  may  make  demand 
on  an  employer  in  whose  establishment  a child  ap- 
parently under  the  age  of  sixteen  years  is  employed 
or  permitted  or  suffered  to  work,  and  whose  em- 
ployment certificate  is  not  then  filed  as  required  by 
this  chapter,  that  such  employer  shall  either  fur- 
nish him,  within  ten  days,  evidence  satisfactory  to 
him  that  such  child  is  in  fact  over  sixteen  years  of 
age,  or  shall  cease  to  employ  or  permit  or  suffer 
such  child  to  work  in  such  establishment.  The 
officer  may  require  from  such  employer  the 
same  evidence  of  age  of  such  child  as  is  required 
on  the  issuance  of  an  employment  certificate  ; and 
the  employer  furnishing  such  evidence  shall  not  be 
required  to  furnish  any  further  evidence  of  the  age 
of  the  child.  A notice  embodying  such  demand 
may  be  served  on  such  employer  personally  or  may 
be  sent  by  mail  addressed  to  him  at  said  establish- 
ment, and  if  served  by  post  shall  be  deemed  to 
have  been  served  at  the  time  when  the  letter 
containing  the  same  would  be  delivered  in  the 
ordinary  course  of  the  post.  When  the  em- 
ployer is  a corporation  such  notice  may  be 


19 


served  either  personally  upon  an  officer  of 
such  corporation  or  by  sending  it  by  post 
addressed  to  the  office  or  the  principal  place  of  busi- 
ness of  such  corporation.  The  papers  constituting 
such  evidence  of  age  furnished  by  the  employer  in 
response  to  such  demand  shall,  except  in  cities  of 
the  first  and  second  class,  be  filed  with  the  board, 
department  or  commissioner  of  health,  and  in  cities 
of  the  first  and  second  class  with  the  commissioner 
of  labor,  and  a material  false  statement  made  in 
any  such  paper  or  affidavit  by  any  person  shall  be 
a misdemeanor.  In  case  such  employer  shall  fail 
to  produce  and  deliver  to  the  officer  of  the  board, 
department  or  commissioner  of  health,  or  in  cities 
of  the  first  and  second  class  to  the  commissioner  of 
labor,  within  ten  days  after  such  demand 
such  evidence  of  age  herein  required  by  him, 
and  shall  thereafter  continue  to  employ  such  child 
or  permit  or  suffer  such  child  to  work  in  such  mer- 
cantile or  other  establishment,  proof  of  the  giving 
of  such  notice  and  of  such  failure  to  produce  and  file 
such  evidence  shall  be  prima  facie  evidence  in  any 
prosecution  brought  for  a violation  of  this  article 
that  such  child  is  under  sixteen  years  of  age  and  is 
unlawfully  employed. 

§ 168.  Wash-rooms  and  water-closets. — Suit- 
able and  proper  wash-rooms  and  water- 
closets  shall  be  provided  in,  adjacent  to  or 
connected  with  mercantile  establishments.  Such 
rooms  and  closets  shall  be  so  located  and  arranged 
as  to  be  easily  accessible  to  the  employees  of  such 
establishments. 

Such  water-closets  shall  be  properly  screened  and 
ventilated,  and,  at  all  times,  kept  in  a clean  condi- 
tion. The  water-closets  assigned  to  the  female 
employees  of  such  establishments  shall  be  separate 
from  those  assigned  to  the  male  employees. 


20 


If  a mercantile  establishment  has  not  pro- 
vided wash-rooms  and  water-closets,  as  re- 
quired by  this  section,  the  board  or  depart- 
ment of  health  or  health  commissioners  ot 
the  town,  village  or  city  where  such  establishment 
is  situated,  unless  such  establishment  is  situated  in 
a city  of  the  first  or  second  class,  in  which  case  the 
commissioner  of  labor  shall  cause  to  be  served  upon 
the  owner,  agent  or  lessee  of  the  building  occupied 
by  such  establishment  a written  notice  of  the  omis- 
sion and  directing  such  owner,  agent  or  lessee  to 
comply  with  the  provisions  of  this  section  respect- 
ing such  wash-rooms  and  water-closets. 

Such  owner  shall,  within  fifteen  days  after  the 
receipt  of  such  notice,  cause  such  wash-rooms  and 
water-closets  to  be  provided. 

§ 169.  Lunch-rooms. — If  a lunch-room  is  pro- 
vided in  a mercantile  establishment  where  females 
are  employed,  such  lunch-room  shall  not  be  next  to 
or  adjoining  the  water-closets,  unless  permission  is 
first  obtained  from  the  board  or  department  of  health 
or  health  commissioners  of  the  town,  village  or  city 
where  such  mercantile  establishment  is  situated,  un- 
less such  establishment  is  situated  in  a city  of  the  first 
or  second  class  in  which  case  such  permission  must 
be  obtained  from  the  commissioner  of  labor.  Such 
permission  shall  be  granted  unless  it  appears  that 
proper  sanitary  conditions  do  not  exist,  and  it  may  be 
revoked  at  any  time  by  the  board  or  department  of 
health  or  health  commissioners;  if  it  appears  that 
such  lunch  room  is  kept  in  a manner  or  in  a part 
of  a building  injurious  to  the  health  of  the  em- 
ployees, unless  such  establishment  is  situated  in  a 
city  of  the  first  or  second  class,  in  which  case  said 
permission  may  be  so  revoked  by  the  commissioner 
of  labor. 

§171.  Employment  of  women  and  children  in 


21 


basements. — Women  or  children  shall  not  be 
employed  or  permitted  to  work  in  the  base- 
ment of  a mercantile  establishment,  unless 
permitted  by  the  board  or  department  of  health,  or 
health  commissioner  of  the  town,  village  or  city 
where  such  mercantile  establishment  is  situated, 
unless  such  establishment  is  situated  in  a city  of  the 
first  or  second  class  in  which  case  such  permission 
must  be  obtained  from  the  commissioner  of  labor. 
Such  permission  shall  be  granted  unless  it  appears 
that  such  basement  is  not  sufficiently  lighted  and 
ventilated,  and  is  not  in  good  sanitary  condition. 

§172.  Enforcement  of  article. — Except  in  cities 
of  the  first  and  second  class  the  board  or  depart- 
ment of  health  or  health  commissioners  of  a town, 
village  or  city  affected  by  this  article  shall  enforce 
the  same  and  prosecute  all  violations  thereof.  Pro- 
ceedings to  prosecute  such  violations  must  be  begun 
within  sixty  days  after  the  alleged  offense  was  com- 
mitted. All  officers  and  members  of  such  boards 
or  department,  all  health  commissioners,  inspectors 
and  other  persons  appointed  or  designated  by 
such  boards,  departments  or  commissioners  may 
visit  and  inspect,  at  reasonable  hours  and  when 
practicable  and  necessary,  all  mercantile  or  other 
establishments  herein  specified  within  the  town, 
village  or  city  for  which  they  are  appointed. 
No  person  shall  interfere  with  or  prevent  any 
such  officer  from  making  such  visitations  and  in- 
spections, nor  shall  he  be  obstructed  or  injured 
by  force  or  otherwise  while  in  the  performance 
of  his  duties.  All  persons  connected  with  any 
such  mercantile  or  other  establishment  herein 
specified  shall  properly  answer  all  questions  asked 
by  such  officer  or  inspector  in  reference  to  any  of 
the  provisions  of  this  article.  In  cities  of  the  first 
and  second  class  the  commissioner  of  labor  shall 


22 


enforce  the  provisions  of  this  article,  and  for 
that  purpose  he  and  his  subordinates  shall  pos- 
sess all  powers  herein  conferred  upon  town, 
village,  or  city  boards  and  departments  of 
health  and  their  commissioners,  inspectors, 
and  other  officers,  except  that  the  board  or  depart- 
ment of  health  of  said  cities  of  the  first  and  second 
class  shall  continue  to  issue  employment  certificates 
as  provided  in  section  one  hundred  and  sixty-three 
of  this  chapter. 

Section  2. — This  act  shall  take  effect  October 
first,  nineteen  hundred  and  thirteen. 


bill  no.  4. 

An  Act  to  amend  the  labor  law,  in  relation  to  the 
division  of  mercantile  inspection  and  the  ex- 
tension of  the  jurisdiction  of  the  commissioner 
of  labor  to  mercantile  establishments  in  cities 
of  the  second  class. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows  : 

Section  1.  Section  one  hundred  and  eighty  of 
chapter  thirty-six  of  the  laws  of  nineteen  hundred 
and  nine,  entitled  “ An  Act  relating  to  labor,  con- 
stituting chapter  thirty-one  of  the  consolidated 
laws,”  as  amended  by  chapter  five  hundred  and 
sixteen  of  the  laws*  of  nineteen  hundred  and  ten, 
is  hereby  amended  to  read  as  follows  : 

§180.  Chief  mercantile  inspector.  [There  shall  be 
a bureau]  The  division  of  mercantile  inspection 
[which]  shall  be  under  the  immediate  charge  of  [a] 
the  chief  mercantile  inspector,  but  subject  to  the 
direction  and  supervision  of  the  commissioner  of 


23 


labor.  The  chief  mercantile  inspector  shall  be  ap- 
pointed and  be  at  pleasure  removed  by  the  commis- 
sioner of  labor,  and  shall  receive  such  annual  salary 
not  to  exceed  three  thousand  dollars  as  may  be  ap- 
propriated therefor. 

Section  2.  Sections  one  hundred  and  eighty-one, 
one  hundred  and  eighty-two  and  one  hundred  and 
eighty-four  of  such  chapter  are  hereby  amended  to 
read  as  follows: 

§181.  [Deputies.]  Mercantile  Inspectors.  The 
commissioner  of  labor  may  appoint  from  time  to 
time  not  more  than  [ten  deputy]  twenty  mercan- 
tile inspectors,  not  less  than  [two]  four  of  whom 
shall  be  women,  and  who  may  be  removed  by 
him  at  any  time.  The  [deputy]  mercantile  in- 
spectors may  be  divided  into  three  grades,  but  not 
more  than  [two]  five  shall  be  of  the  third  grade. 
Each  [deputy]  mercantile  inspector  of  the  first  grade 
shall  receive  an  annual  salary  of  one  thousand  dol- 
lars, each  of  the  second  grade  an  annual  salary  of 
one  thousand  two  hundred  dollars,  and  each  of  the 
third  grade  an  annual  salary  of  one  thousand  five 
hundred  dollars. 

§182.  General  powers  and  duties.  1.  The  com- 
missioner of  labor  may  divide  the  cities  of  the  first 
and  second  class  of  the  state  into  mercantile  in- 
spection districts,  assign  one  or  more  [deputy] 
mercantile  inspectors  to  each  such  district,  and  may 
in  his  discretion  transfer  them  from  one  such  dis- 
trict to  another  ; he  may  assign  any  of  them  to  in- 
spect any  special  class  or  classes  of  mercantile  or 
other  establishments  specified  in  article  eleven  of 
this  chapter,  situated  in  cities  of  the  first  and 
second  class , or  to  enforce  in  cities  of  the  first  or 
second  class  any  special  provisions  of  such  article. 

2.  The  commissioner  of  labor  may  authorize  any 


24 


deputy  commissioner  or  assistant  and  any  [special] 
agent  or  inspector  in  the  department  of  labor  to  act 
as  a [deputy]  mercantile  inspector  with  the  full 
power  and  authority  thereof. 

3.  The  commissioner  of  labor,  the  chief  mercan- 
tile inspector  and  his  assistant  or  assistants  and 
every  [deputy]  mercantile  inspector  or  acting 
[deputy]  mercantile  inspector  may  in  the  discharge 
of  his  duties  enter  any  place,  building  or  room  in 
cities  of  the  first  or  second  class  where  any  labor 
is  performed  which  is  affected  by  the  provisions  of 
article  eleven  of  this  chapter,  and  may  enter  any 
mercantile  or  other  establishment  specified  in  said 
article,  situated  in  cities  of  the  first  or  second  class, 
whenever  he  may  have  reasonable  cause  to  believe 
that  any  such  labor  is  performed  therein. 

4.  The  commissioner  of  labor  shall  visit  and  in- 
spect or  cause  to  be  visited  and  inspected  the  mer- 
cantile and  other  establishments  specified  in  article 
eleven  of  this  chapter  situated  in  cities  of  the  first 
and  second  class,  as  often  as  practicable,  and  shall 
cause  the  provisions  of  said  article  to  be  enforced 
therein. 

5.  Any  lawful  municipal  ordinance,  by-law  or 
regulation  relating  to  mercantile  and  other  estab- 
lishments specified  in  article  eleven  of  this  chapter, 
in  addition  to  the  provisions  of  this  chapter  and  not 
in  conflict  therewith,  may  be  enforced  by  the  com- 
missioner of  labor  in  cities  of  the  first  and  second 
class. 

§ 184.  Laws  to  be  posted.  A copy  or  abstract  of 
the  applicable  provisions  of  this  chapter,  and  of  the 
rules  and  regulations  of  the  industrial  board,  to  be 
prepared  and  furnished  by  the  commissioner  of  labor, 
shall  be  kept  posted  by  the  employer  in  a conspicu- 


25 


ous  place  on  each  floor  of  every  mercantile  or  other 
establishment  specified  in  article  eleven  of  this 
chapter,  situated  in  a city  of  the  first  or  second 
class,  wherein  three  or  more  persons  are  employed 
who  are  affected  by  such  provisions. 

Section  3.  This  act  shall  take  effect  October 
first,  nineteen  hundred  and  thirteen. 


bill  no.  5. 

An  Act  to  amend  the  labor  law,  in  relation  to 
posting  copies  of  abstracts  of  the  provisions 
thereof : 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  Section  sixty-eight  of  article  five  of 
chapter  thirty-six  of  the  laws  of  nineteen  hundred 
and  nine,  entitled  “ An  act  relating  to  labor,  con- 
stituting chapter  thirty-one  of  the  consolidated 
laws,”  is  hereby  amended  to  read  as  follows: 

§ 68.  Laws  to  be  posted.  [A  copy  or  abstract] 
Copies  or  digests  of  the  provisions  of  this  chapter 
and  of  the  rules  and  regulations  of  the  industrial 
hoard , applicable  thereto,  in  English  and  in  such 
other  languages  as  the  commissioner  of  labor  may 
require,  to  be  prepared  and  furnished  by  the  commis- 
sioner of  labor,  shall  be  kept  posted  by  the  employer 
in  [a]  such  conspicuous  place  or  places  as  the  com- 
missioner of  labor  may  direct  on  each  floor  of  every 
factory  where  persons  are  employed  who  are  affected 
by  the  provisions  thereof. 

Section  2.  This  act  shall  take  effect  October  first, 
nineteen  hundred  and  thirteen. 


26 


BILL  NO.  6. 

An  Act  to  amend  the  penal  law  in  relation  to  viola- 
tions of  provisions  of  the  labor  law,  the  industrial 
code,  the  rules  and  regulations  of  the  industrial 
board  of  the  department  of  labor  and  the  orders 
of  the  commissioner  of  labor. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows  : 

Section  1.  Section  twelve  hundred  and  seven- 
ty-five of  chapter  eighty-eight  of  the  laws  of  nine- 
teen hundred  and  nine,  entitled  “ An  act  to  provide 
for  the  punishment  of  crime,  constituting  chapter 
forty  of  the  consolidated,  as  amended  by  chapter 
seven  hundred  and  forty- nine  of  the  laws  of  nine- 
teen hundred  and  eleven,  is  hereby  amended  to  read 
as  follows: 

§ 1275.  Violations  of  provisions  of  labor  law  ; the 
industrial  code  ; the  rules  and  regulations  of  the 
industrial  board  of  the  department  of  labor ; or- 
ders of  the  commissioner  of  labor.  Any  person 
who  violates  or  does  not  comply  with  any  provi- 
sion of  the  labor  law , any  provision  of  the  indus- 
trial code , any  rule  or  regulation  of  the  industrial 
board  of  the  department  of  labor , or  any  lawful 
order  of  the  commission  of  labor ; 

[1.  The  provisions  of  article  three  of  the  labor 
law,  relating  to  the  department  of  labor  ; 

2.  The  provisions  of  article  four  of  the  labor  law 
relating  to  the  bureau  of  labor  statistics; 

3.  The  provisions  of  article  five  of  the  labor  law, 
relating  to  the  bureau  of  factory  inspection; 

4.  The  provisions  of  article  six  of  the  labor  law, 
relating  to  factories; 


27 


5.  The  provisions  of  article  seven  of  the  labor  law 
relating  to  the  manufacture  of  articles  in  tene- 
ments; 

6.  The  provisions  of  article  eight  of  the  labor  law, 
relating  to  bakeries  and  confectionery  establish- 
ments; 

7.  The  provisions  of  article  eleven  of  the  labor 
law,  relating  to  mercantile  establishments,  and  the 
employment  of  women  and  children  therein  ; 

8 A.]  and  any  person  who  knowingly  makes  a false 
statement  in  or  in  relation  to  any  application  made 
for  an  employment  certificate  as  to  any  matter  re- 
quired by  articles  six  and  eleven  of  the  labor  law  to 
appear  in  any  affidavit,  record,  transcript  or  certi- 
ficate therein  provided  for,  and  any  person  who 
knowingly  makes  or  permits  or  suffers  to  he  made , 
a false  entry  in  any  time  hook  required  to  he  kept 
hy  article  six  of  the  labor  law , is  guilty  of  a misde- 
meanor and  upon  conviction  shall  be  punished  for 
a first  offense  by  a fine  of  not  less  than  twenty  nor 
more  than  fifty  dollars;  for  a second  offense  by  a 
fine  of  not  less  than  fifty  nor  more  than  two  hun- 
dred and  fifty  dollars,  or  by  imprisonment  for  not 
more  than  thirty  days  or  by  both  such  fine  and 
imprisonment;  for  a third  offense  by  a fine  of  not 
less  than  two  hundred  and  fifty  dollars,  or  by  im- 
prisonment for  not  more  than  sixty  days,  or  by  both 
such  fine  and  imprisonment. 

Section  2.  Sections  twelve  hundred  and  seventy- 
one,  twelve  hundred  and  seventy-two  and  twelve 
hundred  and  seventy-three  of  such  chapter  are 
hereby  repealed. 

Section  3.  This  act  shall  take  effect  October  first, 
nineteen  hundred  and  thirteen. 


28 


BILL  NO.  7. 

An  Act  to  amend  the  labor  law,  in  relation  to  fire 
prevention  in  factories. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows : 

Section  1.  Section  eighty-three-c  of  chapter 
thirty-six  of  the  laws  of  nineteen  hundred  and  nine, 
entitled  6 ‘An  Act  relating  to  labor,  constituting 
chapter  thirty-one  of  the  consolidated  laws,”  as 
amended  by  chapter  three  hundred  and  twenty-nine 
of  the  laws  of  nineteen  hundred  and  twelve,  is 
hereby  amended  to  read  as  follows  : 

§83-c.  Fireproof  receptacles  ; gas  jets  ; smoking. 

1.  Every  factory  shall  be  provided  with  properly 
covered  fireproof  receptacles,  the  number,  style  and 
location  of  which  shall  be  approved  in  the  city  of 
New  York  by  the  fire  commissioner,  and  elsewhere, 
by  the  commissioner  of  labor.  There  shall  be  de- 
posited in  such  receptacles  all  inflammable  waste 
materials,  cuttings  and  rubbish.  No  waste  ma- 
terials, cuttings  or  [and]  rubbish  shall  be  per- 
mitted to  accumulate  on  the  floors  of  any  factory 
but  shall  be  removed  therefrom  not  less  than 
twice  each  day.  All  such  waste  materials,  cut- 
tings and  rubbish  shall  be  entirely  removed  from  a 
factory  building  at  least  once  in  each  day  [.],  ex- 
cept that  haled  waste  material  may  he  stored  in 
fireproof  enclosures  provided  that  all  such  haled 
waste  material  shall  he  removed  from  such  hu tid- 
ing at  least  once  in  each  month. 

2.  All  gas  jets  or  lights  in  factories  shall  be 
properly  enclosed  by  globes,  wire  cages  or  other- 
wise properly  protected  in  a manner  approved  in 


29 


the  city  of  New  York  by  the  fire  commissioner  of 
such  city,  and  elsewhere,  by  the  commissioner  of 
labor. 

3.  [Smoking  in  a]  No  person  shall  smoke  in  any 
factory  [is  prohibited].  A notice  of  such  prohibition 
stating  the  penalty  for  violation  thereof  shall  be 
posted  in  every  entrance  hall  and  in  every  elevator 
car,  stairhall  and  room  on  every  floor  of  such  fac- 
tory in  English  and  also  in  such  other  language  or 
languages  as  the  fire  commissioner  of  the  city  of 
New  York  in  such  city,  and  elsewhere,  the  state 
fire  marshal,  shall  direct.  The  fire  commissioner 
of  the  city  of  New  York  in  such  city,  and  else- 
where, the  state  fire  marshal  shall  enforce  the  pro- 
visions of  this  sub-division. 

Section  2.  This  act  shall  take  effect  immediately. 


bill  no.  8 

An  Act  to  amend  the  Labor  Law,  in  relation  to 
fire  alarm  signal  systems  and  fire  drills. 

The  People  of  the  State  of  New  York,  repre- 
sented in  Senate  and  Assembly,  do  enact  as  fol- 
lows : 

Section  1.  Section  eighty- three- a of  chapter 
thirty-six  of  the  laws  of  nineteen  hundred  and  nine, 
entitled  “ An  act  relating  to  labor,  constituting 
chapter  thirty-one  of  the  consolidated  laws,”  as 
amended  by  chapter  three  hundred  and  thirty  of 
the  laws  of  nineteen  hundred  and  twelve,  is  hereby 
amended  to  read  as  follows  : 

§83-a.  Fire  alarm  signal  systems  and  fire  drills. 

1.  Every  factory  building  over  two  stories  in 


30 


height  in  which  more  than  twenty -five  persons  are 
employed  shall  he  equipped  with  a fire  alarm  signal 
system  ivith  a sufficient  number  of  signals  clearly 
audible  to  all  occupants  thereof.  The  industrial 
board  may  make  rides  and  regulations  prescrib- 
ing the  number , kind  and  location  of  such 
signals.  Such  system  shall  be  installed  by  the 
owner  or  lessee  of  the  building  and  shall  per- 
mit the  sounding  of  all  the  alarms  within  the 
building  whenever  the  alarm  is  sounded  in  any 
portion  thereof.  Such  system  shall  be  main- 
tained in  good  working  order.  Such  system  shall 
not  be  used  for  any  purpose  except  in  case  of  fire 
or  a fire  drill.  It  shall  be  the  duty  of  whoever  dis- 
covers a fire  to  cause  an  alarm  to  be  sounded  imme- 
diately. 

2.  In  every  factory  buildAng  over  tivo  stories  in 
height  in  which  more  than  twenty-five  persons  are 
[regularly]  employed  above  the  ground  [or  first] 
floor,  a fire  drill  which  will  conduct  all  the  occu- 
pants of  such  building  to  a place  of  safety  and  in 
which  all  [of]  the  occupants  of  such  building  shall 
participate  simultaneously  shall  be  conducted  at 
least  once  a month  [every  three  months  under  the 
supervision  of  the  local  fire  department  or  one  of 
its  officers]. 

In  the  city  of  New  York  the  fire  commissioner 
of  such  city , and  in  all  other  parts  of  the  state , the 
state  fire  marshal  shall  inaugurate , supervise  and 
regulate  such  fire  drills,  and  shall  make  rules,  regu- 
lations and  special  orders  necessary  or  suitable  to 
each  situation  and  in  the  case  of  buildings  contain- 
ing more  than  one  tenant,  necessary  or  suitable  to 
the  adequate  co-operation  of  all  the  tenants  of  such 
building  in  a fire  drill  of  all  the  occupants  thereof. 
Such  rules,  regulations  and  orders  may  prescribe 
upon  whom  shall  rest  the  duty  of  carrying  out  the 


31 


same , and  where  such  duties  are  imposed  upon 
employees , shall  so  specify.  Such  special  orders 
may  require  posting  of  the  same  or  an  abstract 
thereof.  A demonstration  of  such  fire  drill  shall  be 
given  upon  the  request  of  an  authorized  representa- 
tive of  the  fire  department  of  the  city , village  or  town 
in  which  the  factory  is  located,  and , except  in  the  city 
of  New  York,  upon  the  request  of  the  state  fire 
marshal  or  any  of  his  deputies.  [Appropriate 
rules  and  regulations  to  make  effective  this  pro- 
vision shall  be  prepared  for  the  city  of  New  York 
by  the  fire  commissioner  of  such  city,  and  for  other 
parts  of  the  state,  by  the  state  fire  marshal.  Such 
rules  and  regulations  shall  be  posted  on  each  floor 
of  every  factory  to  which  they  apply.  In  the  city 
of  New  York  the  fire  commissioner  of  such  city, 
and  elsewhere,  the  state  fire  marshal  is  charged 
with  the  duty  of  enforcing  this  section.] 

Section  2.  This  act  shall  take  effect  October 
first,  nineteen  hundred  and  thirteen. 


bill  no.  9. 

An  Act  to  amend  the  labor  law,  in  relation  to  au- 
tomatic sprinklers. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows  : 

Section  1.  Section  eighty- three  b of  chapter 
thirty-six  of  the  laws  of  nineteen  hundred  and 
nine,  entitled  “ An  act  relating  to  labor,  constitut- 
ing chapter  thirty-one  of  the  consolidated  laws,”  as 
amended  by  chapter  three  hundred  and  thirty-two 
of  the  laws  of  nineteen  hundred  and  twelve,  is 
hereby  amended  to  read  as  follows  : 


32 


§ 83-b.  Automatic  Sprinklers.  In  every  factory 
building  heretofore  erected  over  seven  stories  or 
over  ninety  feet  in  height  in  which  wooden  floor- 
ing or  wooden  trim  is  used  and  more  than  two 
hundred  people  are  [regularly]  employed  above 
the  seventh  floor  or  more  than  ninety  feet  above 
the  ground  level  of  such  building,  and  in  every 
factory  building  hereafter  erected  over  seven  stories 
or  over  ninety  feet  in  height  in  which  wooden 
flooring  or  wooden  trim  is  used  and  in  which  any 
manufacturing  is  carried  on  above  the  seventh 
floor , the  owner  of  the  building  shall  install  a prop- 
erly constructed  and  effective  automatic  sprinkler 
system  throughout  the  same.  The  sprinkler  system 
shall  have  at  least  one  automatic  supply  capable  of 
furnishing  water  at  a pressure  of  not  less  than  fifteen 
pounds  on  the  highest  line  of  sprinklers.  The  ca- 
pacity of  the  automatic  supply  shall  be  ample  to  fur- 
nish water  to  at  least  twenty -five  per  centum  of  the 
sprinklers  on  any  one  floor  for  at  least  twenty  min- 
utes at  the  average  rate  of  twenty  gallons  per  head 
per  minute.  Automatic  sprinkler  systems  shall 
also  be  installed  in  all  other  factory  buildings  where 
the  safety  of  the  occupants  requires  them.  The  in- 
dustrialboard  shall  adopt  rules  and  regulations  for 
the  installation  of  automatic  sprinkler  systems  in 
such  cases.  The  industrial  board  shall  also  have 
power  to  adopt  rules  and  regulations  establishing  re- 
quirements and  standards  for  automatic  sprinkler 
systems  in  addition  to  the  foregoing  requirements 
and  not  inconsistent  therewith.  [The  owner  of 
the  building  shall  install  an  automatic  sprinkler 
system  approved  as  to  form  and  manner  in  the 
city  of  New  York  by  the  fire  commissioner  of  such 
city,  and  elsewhere,  by  the  state  fire  marshal. 
Such  installation  shall  be  made  within  one  year 
after  this  section  takes  effect,  but  the  fire  commis- 


33 


sioner  of  the  city  of  New  York  in  such  city  and  the 
state  fire  marshal  elsewhere  may,  for  good  cause 
shown,  extend  such  time  for  an  additional  year. 
A failure  to  comply  with  this  section  shall  be  a 
misdemeanor  as  provided  by  section  twelve  hun- 
dred and  seventy-five  of  the  penal  law  and  the  pro- 
visions hereof  shall  also  be  enforced  in  the  city  of 
New  York  by  the  fire  commissioner  of  such  city  in 
the  manner  provided  by  title  three  of  chapter 
fifteen  of  the  Greater  New  York  charter,  and  else- 
where by  the  state  fire  marshal,  in  the  manner  pro- 
vided by  article  ten-a  of  the  insurance  law.] 

Section  2.  This  act  shall  take  effect  October 
first,  nineteen  hundred  and  thirteen. 


BILL  NO.  10 

An  Act  to  amend  the  labor  law  in  relation  to  fire- 
escapes  and  exits  in  existing  factories  ; the 
future  construction  of  factory  buildings  ; and 
the  limitation  of  the  number  of  occupants  in 
factories. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  Article  six  of  chapter  thirty-six  of  the 
laws  of  nineteen  hundred  and  nine,  entitled  4 ‘An 
act  relating  to  labor,  constituting  chapter  thirty- 
one  of  the  consolidated  laws,”  is  hereby  amended 
by  inserting  therein,  after  section  seventy-nine, 
six  new  sections,  to  be  sections  seventy- nine-a, 
seventy-nine-b,  seventy-nine-c,  seventy-nine-d, 
seventy-nine-e  and  seventy-nine-f,  to  read  as  fol- 
lows: 

§ 7 9 -a.  Construction  of  factory  buildings  hereafter 


34 


erected.  No  factory  shall  be  conducted  in  any 
building  hereafter  erected  more  than  one  story  in 
height  unless  such  building  shall  conform  to  the 
following  requirements  : 

1.  All  buildings  more  than  four  stories  in  height 
shall  be  of  fireproof  construction.  The  roofs  of  all 
buildings  shall  be  covered  with  incombustible  ma- 
terial and  the  cornices  shall  be  constructed  of  in- 
combustible material.  All  exterior  walls  within 
twenty-five  feet  of  any  other  non-fireproof  build- 
ing shall  be  not  less  than  eight  inches  thick  and 
shall  extend  three  feet  above  the  roof. 

2.  Floor  area  and  required  exits.  The  term  floor 
area  as  used  in  this  section  signifies  the  entire  space 
between  fire  walls,  or  between  a fire  wall  and  an  ex- 
terior wall  of  a building,  or  between  the  exterior 
walls  of  the  building  where  there  is  no  intervening 
fire  wall.  From  every  floor  area  there  shall  be  not 
less  than  two  means  of  exit  remote  from  each  other, 
one  of  which  shall  be  an  interior  enclosed  fireproof 
stairway  or  an  exterior  enclosed  fireproof  stairway, 
and  the  other  shall  be  such  a stairway  or  a hori- 
zontal exit.  No  point  in  any  floor  area  shall  be 
more  than  one  hundred  feet  distant  from  the 
entrance  to  one  such  means  of  exit.  Whenever 
any  floor  area  exceeds  five  thousand  square  feet 
there  shall  be  provided  at  least  one  additional  means 
of  exit  as  hereinbefore  described  for  each  five 
thousand  square  feet  or  part  thereof  in  excess  of 
five  thousand  square  feet.  In  every  building  over 
one  hundred  feet  in  height  there  shall  be  at  least 
one  exterior  enclosed  fireproof  stairway  which  shall 
easily  be  accessible  from  any  point  in  the  building. 

3.  Stairways.  All  stairways  shall  be  constructed 
of  incombustible  material  and  shall  have  an  un- 
obstructed width  of  at  least  forty- four  inches 


35 


throughout  their  length.  There  shall  be  not  more 
than  twelve  feet  six  inches  in  height  between  land- 
ings. The  treads  shall  be  not  less  than  ten  inches 
wide  exclusive  of  nosing,  and  the  rise  shall  be  not 
more  than  seven  and  three-fourths  inches  and  the 
sum  of  the  rise  and  tread  shall  be  not  less  than 
seventeen  and  three-fourths  inches.  No  stairway 
with  “ winders”  shall  be  allowed  except  as  a 
connection  from  one  floor  to  another.  Every 
stairway  shall  have  proper  and  substantial 
hand-rails.  The  treads  shall  be  constructed  and 
maintained  in  such  manner  as  to  prevent  per- 
sons from  slipping  thereon.  Every  stairway 
and  elevator  shaft  shall  be  enclosed  on  all 
sides  by  fireproof  partitions  extending  continuously 
from  the  basement  to  three  feet  above  the  roof  and 
the  roof  of  the  enclosure  shall  be  constructed  of 
fireproof  material  at  least  four  inches  thick  with  a 
skylight  at  least  three-fourths  the  area  of  the  shaft. 
All  stairways  serving  as  required  meaus  of  exit 
shall  extend  to  the  roof  and  shall  lead  continuously 
to  the  street  or  to  a fireproof  passageway  in- 
dependent of  other  means  of  exit  from  the  build- 
ing, opening  on  a road  or  street,  or  to  an  open  area 
affording  unobstructed  passage  to  a road  or  street. 
All  stairways  that  extend  to  the  top  story  shall  be 
continued  to  the  roof.  Provision  shall  be  made  for 
the  adequate  lighting  of  all  stairways  by  artificial 
light. 

4.  Doors  and  doorways.  All  doors  shall  open 
outwardly.  The  width  of  the  hallways  and  exit 
doors  leading  to  the  street,  at  the  street  level, 
shall  be  not  less  than  the  aggregate  width  of  all 
stairways  leading  to  them.  Every  door  leading  to 
or  opening  on  a stairway  shall  be  of  at  least  the 
same  width  as  such  stairway. 


36 


5.  Partitions.  All  partitions  in  the  interior  of 
buildings  of  fireproof  construction  shall  be  of  in- 
combustible material. 

6.  Openings  to  be  enclosed.  All  elevator  and 
dumb-waiter  shafts,  vent  and  light  shafts,  pipe  and 
duct  shafts,  hoistways  and  all  other  vertical  open- 
ings leading  from  one  floor  to  another  shall  be  en- 
closed throughout  their  height  on  all  sides  by  en- 
closures of  fireproof  material.  Every  such  enclosure 
shall  have  a roof  of  fireproof  material  and  if  the  en- 
closure extends  to  the  top  story  it  shall  be  continued 
to  three  feet  above  the  roof  of  the  building  and  shall 
have  a skylight  at  least  three-fourths  of  the  area  of 
the  opening.  The  bottom  of  the  enclosure  shall  be 
of  fireproof  material  unless  the  opening  extends  to 
the  cellar  bottom.  All  openings  in  such  enclosures 
shall  be  provided  with  fireproof  doors,  except  that 
openings  in  the  enclosures  of  vent  and  light  shafts 
shall  be  provided  either  with  fireproof  doors  or  with 
windows  having  metal  frames  and  sash  and  wired 
glass  where  glass  is  used. 

79-6.  Requirements  for  existing  buildings.  No 
factory  shall  be  conducted  in  any  building  hereto- 
fore erected  unless  such  building  shall  conform  to 
the  following  requirements  : 

1.  Required  exits.  Every  building  over  two 
stories  in  height  shall  be  provided  on  each  floor 
with  at  least  two  means  of  exit  or  escape  from 
fire,  remote  from  each  other,  one  of  which  shall 
lead  to  or  open  on  an  interior  stairway  which  in 
buildings  over  four  stories  in  height  shall  be  en- 
closed as  hereinafter  provided,  or  to  an  exterior  en- 
closed fireproof  stairway.  The  other  shall  lead  to 
such  a stairway;  or  to  a horizontal  exit ; or  to  an 
exterior  screened  stairway;  or  when,  in  the  opin- 
ion of  the  industrial  board  the  safety  of  the  occu- 


37 


pants  of  the  building  would  not  be  endangered 
thereby,  to  fire-escapes  on  the  outside  of  the  build- 
ing. No  point  on  of  any  floor  of  such  factory 
shall  be  more  than  one  hundred  feet  distant 
from  the  entrance  to  one  such  means  of 
exit.  Whenever  egress  may  be  had  from  the  roof 
to  an  adjoining  or  near-by  structure,  every  stair- 
way serving  as  a required  means  of  exit  shall 
be  extended  to  the  roof.  All  such  stairways  shall 
extend  to  the  first  story  and  lead  to  the  street,  or 
to  an  unobstructed  passageway  leading  to  a street 
or  road  or  to  an  open  area  affording  safe  passage 
to  a street  or  road. 

2.  Stairway  enclosures.  All  interior  stairways 
serving  as  required  means  of  exit  in  buildings  more 
than  four  stories  in  height  and  the  landings,  plat- 
forms and  passageways  connected  therewith  shall 
be  enclosed  on  all  sides  by  fireproof  partitions  ex- 
tending continuously  from  the  basement.  Where 
a stairway  extends  to  the  top  floor  of  a build- 
ing the  fireproof  partitions  shall  extend  to  three 
feet  above  the  roof.  The  provisions  of  this  sub- 
division shall  not  apply  where,  at  the  time  this  act 
takes  effect,  stairways  are  enclosed  by  partitions 
constructed  in  such  manner  and  of  such  fire  resist- 
ing material  as  may  be  approved  by  the  commis- 
sioner of  labor  and  the  local  authorities  exercising 
supervision  over  the  construction  and  alteration  of 
buildings.  In  such  cases,  however,  every  opening- 
in  the  enclosing  partitions  shall  be  provided  with 
fire  doors. 

3.  Doors.  Where  five  or  more  persons  are  em- 
ployed on  any  floor  of  a factory  building  every 
door  on  such  floor  leading  to  or  opening  on  any 
means  of  exit  shall  open  outwardly  or  slide  freely. 
All  exit  doors  in  the  first  story,  including  the  doors 
of  the  vestibule,  shall  open  outwardly. 


38 


4.  Fire-escapes.  All  outside  fire-escapes  shall  be 
constructed  of  wrought  iron  or  steel  and  shall  be  so 
designed,  constructed  and  erected  as  to  safely  sus- 
tain on  all  platforms,  balconies  and  stairways  a live 
load  of  not  less  than  ninety  pounds  per  square  foot 
with  a factor  of  safety  of  four.  Wherever  practi- 
cable, a continuous  run  or  straight  run  stairway 
shall  be  used.  On  every  floor  above  the  first 
there  shall  be  balconies  or  landings  embracing 
one  or  more  easily  accessible  and  unobstructed 
openings  at  each  floor  evel,  connected  with  each 
other  and  with  the  ground  by  means  of  a stairway 
constructed  as  hereinafter  provided  and  well  fast- 
ened and  secured.  All  openings  leading  to  outside 
fire  escapes  shall  have  an  unobstructed  width  of  at 
least  two  feet  and  an  unobstructed  height  of  at  least 
six  feet  and  shall  extend  to  the  floor  level  or  within 
six  inches  thereof,  and  shall  be  not  more  than 
seven  inches  above  the  floor  of  the  fire-escape  bal- 
cony. Such  openings  shall  have  metal  frames  and 
be  provided  with  doors  constructed  of  fireproof  mate- 
rial with  wired  glass  where  glass  is  used.  All  win- 
dows opening  upon  the  course  of  the  fire-escape 
shall  be  fireproof  windows.  The  balconies  shall  have 
an  unobstructed  width  of  at  least  four  feet  through- 
out their  length  and  shall  have  a landing  not  less 
than  twenty-four  inches  square  at  the  head  of  every 
stairway.  Except  where  the  stairways  reach  and 
leave  the  balconies  at  the  ends  there  shall  be  a pas- 
sageway between  the  stairway  opening  and  the 
side  of  the  building  at  least  eighteen  inches  wide 
throughout.  The  stairway  opening  of  the  balconies 
shall  be  of  a size  sufficient  to  provide  clear  headway 
and  shall  be  guarded  on  the  long  side  by  an  iron 
railing  not  less  than  three  feet  in  height.  Each 
balcony  shall  be  surrounded  by  an  iron  railing  not 
less  than  three  feet  in  height  thoroughly  and  prop- 


39 


erly  braced.  The  balconies  shall  be  connected  by- 
stairways  not  less  than  twenty-two  inches  wide 
placed  at  an  incline  of  not  more  than  forty-five  de- 
grees, with  steps  of  not  less  than  eight-inch 
tread  and  not  over  eight-inch  rise  and 
provided  with  a hand-rail  not  less  than 
three  feet  in  height.  The  treads  of  such 
stairways  shall  be  so  constructed  as  to  sus- 
tain a live  load  of  four  hundred  pounds  per 
step  with  a factor  of  safety  of  four.  There 
shall  be  a similar  stairway  from  the  top  floor 
balcony  to  the  roof,  except  where  the  fire-escape 
is  erected  on  the  front  of  the  building.  A similar 
stairway  shall  also  be  provided  from  the  lowest  bal- 
cony to  a safe  landing  place  beneath,  which  stair- 
way shall  remain  down  permanently  or  be  arranged 
to  swing  up  and  down  automatically  by  counter- 
balancing weights.  When  not  erected  on  the  front 
of  the  building,  safe  and  unobstructed  egress  shall 
be  provided  from  the  foot  of  the  fire-escape 
by  means  of  an  open  court  or  courts  or  a fireproof 
passageway  having  an  unobstructed  width  of  at 
least  three  feet  throughout  leading  to  the  street, 
or  by  means  of  an  open  area  having  communi- 
cation with  the  street  ; such  fireproof  passageway 
shall  be  adequately  lighted  at  all  times  and  the 
lights  shall  be  so  arranged  as  to  ensure  their  re- 
liable operation  when  through  accident  or  other 
cause,  the  regular  factory  lighting  is  extinguished. 

5.  The  provisions  of  subdivision  four  shall  not 
apply  where  at  the  time  this  act  takes  effect  there 
are  outside  fire-escapes  with  balconies  on  each 
floor  of  the  building  connected  with  stairways 
placed  at  an  angle  of  not  more  than  sixty  degrees, 
provided  that  such  existing  outside  fire-escapes 
have  or  shall  be  provided  with  the  following  : 


40 


A stairway  leading  from  the  top  floor  balcony  to 
the  roof,  except  where  the  fire-escapes  are  erected 
on  the  front  of  the  building ; a stairway  not  less 
than  twenty-two  inches  wide  from  the  lowest  bal- 
cony to  a safe  landing  place  beneath,  which  stair- 
way remains  down  permanently  or  is  arranged  to 
swing  up  and  down  by  counter-balancing  weights  ; 
a safe  and  unobstructed  exit  to  the  street  from  the 
foot  of  such  fire-escapes  as  provided  in  subdivision 
four  hereof  ; steps  connecting  the  sill  of  every 
opening  leading  to  the  fire-escapes  with  the  floor 
wherever  such  sill  is  more  than  three  feet  above 
the  floor  level ; and  all  openings  leading  to  the 
fire-escapes  provided  with  windows  having  metal 
frames  and  sash  and  with  wired  glass  where  glass 
is  used,  or  with  doors  constructed  in  accordance 
with  the  requirements  of  subdivision  four. 

§ 79-c.  Additional  requirements  common  to  build- 
ings heretofore  and  hereafter  erected.  No  factory 
shall  be  conducted  in  any  building  unless  such  build- 
ing shall  be  so  constructed,  equipped  and  maintained 
in  all  respects  as  to  afford  adequate  protection 
against  fire  to  all  persons  employed  therein,  nor 
unless,  in  addition  to  the  requirements  of  section 
seventy-nine-a  in  the  case  of  a building  hereafter 
erected  or  of  section  seventy-nine-b  in  the  case  of  a 
building  heretofore  erected,  such  building  shall  con- 
form to  the  following  requirements  : 

1.  Stairways.  Stairways  shall  be  provided  with 
proper  and  substantial  hand-rails.  Where  the 
stairway  is  enclosed  by  fireproof  partitions  the  bot- 
tom of  the  enclosure  shall  be  of  fireproof  material 
at  least  four  inches  thick  unless  the  fireproof  parti- 
tions extend  to  the  cellar  bottom.  All  stairways 
that  extend  to  the  top  story  shall  be  continued  to 
the  roof. 


41 


2.  Doors  and  windows.  No  door,  window  or 
other  opening  on  any  floor  of  a factory  building 
shall  be  obstructed  by  stationary  metal  bars,  grat- 
ing or  wire  mesh.  Metal  bars,  grating  or  wire 
mesh  provided  for  any  such  door,  window  or  other 
opening  shall  be  so  constructed  as  to  be  readily 
movable  or  removable  from  both  sides  in  such 
manner  as  to  afford  the  free  and  unobstructed  use 
of  such  door,  window  or  other  opening  as  a means 
of  egress  in  case  of  need  and  they  shall  be  left  un- 
locked during  working  hours.  Every  door  opening 
on  a stairway  or  other  means  of  exit  shall  so  open 
as  not  to  obstruct  the  passageway.  A clearly 
painted  sign  marked  “ exit  ” in  letters  not  less  than 
eight  inches  in  height  shall  be  placed  over  all  exits 
leading  to  stairways,  elevators  and  other  means  of 
egress  and  in  addition  a red  light  shall  be  placed 
over  all  such  exits  for  use  in  time  of  darkness. 

3.  Access  to  exits.  There  shall  at  all  times  be 
maintained  continuous,  safe,  unobstructed  passage- 
ways on  each  floor  of  the  building,  with  an  unob- 
structed width  of  at  least  three  feet  throughout 
their  length  leading  directly  to  every  means  of 
egress,  including  outside  fire-escapes  and  passenger 
elevators.  All  means  of  egress  shall  be  maintained 
in  an  unobstructed  condition.  No  door  leading  in 
to  or  out  of  any  factory  or  any  floor  thereof  shall 
be  locked,  bolted  or  fastened  during  working  hours. 

4.  Regulation  by  industrial  board.  The  industrial 
board  shall  have  power  to  adopt  rules  and  regu- 
lations and  establish  requirements  and  standards 
for  construction,  equipment  and  maintenance  of 
factory  buildings  or  of  particular  classes  of  factory 
buildings  and  the  means  and  adequacy  of  exit 
therefrom  in  order  to  carry  out  the  purposes  of  this 


42 


chapter  in  addition  to  the  requirements  of  this  sec- 
tion and  of  sections  seventy-nine-a  and  seventy- 
nine-b,  and  not  inconsistent  therewith. 

§ 79  d.  Effect  of  foregoing  provisions;  inspection 
of  buildings  and  approval  of  plans.  1.  Effect  of  fore- 
going provisions.  The  requirements  of  sections 
seventy-nine-a,  seventy-nine-b  and  seventy-nine-c 
are  additional  to  and  not  in  substitution  for  the  re- 
quirements of  any  general  or  special  law  or  local 
ordinance  relating  to  the  construction,  equipment 
or  maintenance  of  buildings.  The  provisions  of 
sections  seventy-nine-a,  seventy-nine-b  and  seventy- 
nine-c  shall  supersede  all  provisions  inconsistent 
therewith  in  any  special  law  or  local  ordinance,  and 
any  provision  of  law  or  ordinance  which  gives 
power  to  any  local  officer  to  establish  requirements 
inconsistent  with  the  provisions  of  such  sections 
and  the  rules  and  regulations  adopted  by  the  in- 
dustrial board  under  the  provisions  of  this  article. 

2.  Inspection  of  buildings.  The  officer  of  any 
city,  village  or  town  having  power  to  inspect  build- 
ings therein  for  the  purpose  of  determining  their 
conformity  to  the  requirements  of  law  or  ordinance 
governing  the  construction  thereof,  shall,  whenever 
requested  by  the  commissioner  of  labor  inspect  any 
factory  building  therein  and  certify  to  the  commis- 
sioner of  labor  in  detail  whether  or  not  such  build- 
ing conforms  to  the  requirements  of  this  chapter  and 
the  rules  and  regulations  of  the  industrial  board, 
and  such  certificate  shall  be  filed  in  the  office  of  the 
commissioner  of  labor  and  shall  be  presumptive 
evidence  of  the  truth  of  the  matters  therein  stated. 

3.  Approval  of  plans.  Before  construction  or  al- 
teration of  a building  in  which  it  is  intended  to  con- 
duct one  or  more  factories,  the  plans  and  speeifica- 


43 


tions  for  such  construction  or  alteration  may  be  sub- 
mitted to  the  commissioner  of  labor  and  filed  in  his 
office  in  such  form  and  with  such  information  as 
may  be  required  by  him  or  by  the  rules  and  regula- 
tions of  the  industrial  board,  and  if  such  plans  and 
specifications  comply  with  the  requirements  of  this 
chapter  and  the  rules  and  regulations  of  the  indus- 
trial board,  he  shall  issue  his  certificate  approving 
the  same,  which  certificate  shall  bear  the  date  when 
issued.  Whenever  any  certificate  shall  be  issued  by 
the  commissioner  of  labor  under  this  section  the 
particulars  of  such  certificate  shall  be  recorded  and 
indexed  in  the  records  of  his  office.  Before 
issuing  any  such  certificate  the  commissioner  of 
labor  may  request  the  officer  of  the  city,  village  or 
town  in  which  such  building  is  located  having 
power  to  examine  and  pass  upon  plans  for  construc- 
tion of  buildings  with  reference  to  their  conformity 
to  the  requirements  of  law  or  ordinance  governing 
the  construction  thereof,  to  examine  such  plans  and 
specifications  and  to  certify  to  the  commissioner  of 
labor  whether  or  not  such  plans  and  specifications 
conform  to  the  requirements  of  this  chapter  and  the 
rules  and  regulations  of  the  industrial  board,  and 
such  officer  shall  thereupon  make  such  examination 
and  so  certify  in  detail  to  the  commissioner  of  labor 
and  such  certificate  shall  be  filed  in  the  office  of 
the  commissioner  of  labor  and  shall  be  presump- 
tive evidence  of  the  truth  of  the  matters  therein 
stated. 

4.  Certificate  of  compliance.  After  such  con- 
struction or  alteration  shall  be  completed,  the  com- 
missioner of  labor  shall,  when  requested  by  the 
owner  or  person  filing  such  plans,  ascertain  by  in- 
spection or  in  the  manner  provided  in  subdivision 
two  of  this  section,  whether  such  building  conforms 


44 


to  the  requirements  of  this  chapter  and  the  rules 
and  regulations  of  the  industrial  hoard  ; and  if  he 
finds  that  it  does  conform  thereto,  shall  issue  his 
certificate  to  that  effect,  which  shall  bear  the  date 
when  issued. 

§ 79- e.  Limitation  of  number  of  occupants.  The 
number  of  persons  who  may  occupy  any  factory 
building  or  portion  thereof  above  the  ground  floor 
shall  be  limited  to  such  a number  as  can  safely 
escape  from  such  building  by  the  means  of  exit 
provided  in  the  building. 

1.  In  buildings  hereafter  erected  no  more  than 
fourteen  persons  shall  be  employed  or  permitted  or 
suffered  to  work  on  any  one  floor  for  every  full 
twenty-two  inches  in  width  of  stairway  conforming 
to  the  requirements  for  a required  means  of  exit 
except  as  to  extension  to  the  roof,  provided  for  such 
floor.  No  allowance  shall  be  made  for  any  excess 
in  width  of  less  than  twenty-two  inches. 

2.  In  buildings  heretofore  erected  no  more  than 
fourteen  persons  shall  be  employed  or  permitted  or 
suffered  to  work  on  any  one  floor  for  every  eighteen 
inches  in  width  of  stairway  provided  for  such  floor 
and  conforming  to  the  requirements  for  a required 
means  of  exit  except  as  to  extension  to  the  roof,  and 
for  any  excess  in  width  of  less  than  eighteen 
inches,  a proportionate  increase  in  the  num- 
ber of  occupants  shall  be  allowed.  Where  the  in- 
dustrial board  shall  find  that  the  safety  of  the  occu- 
pants of  any  such  building  will  not  be  endangered 
thereby,  it  may  allow  an  increase  in  the  number  of 
occupants  of  any  floor  in  such  building  to  a number 
not  greater  than  at  the  rate  of  twenty  persons  for 
every  eighteen  inches  in  width  of  such  stairway  pro- 
vided for  such  floor,  with  a proportionate  increase 


45 


in  the  number  of  occupants  for  any  excess  in  width 
of  less  than  eighteen  inches. 

3.  In  any  building  for  every  additional  sixteen 
inches  over  ten  feet  in  height  of  any  floor,  one  ad- 
ditional person  may  be  employed  thereon  for  every 
eighteen  inches  in  width  of  stairway  provided  for 
such  floor. 

4.  In  any  building,  if  any  stairway  is  of  the  type 
known  as  “ winders,”  the  capacity  of  such  stair- 
way shall  be  reckoned  as  ten  per  cent,  less  than  the 
capacity  of  a straight  stairway  of  the  same  width. 

5.  In  any  building  where  the  stairways  and  stair- 
halls  are  enclosed  in  fireproof  partitions  or  where, 
at  the  time  this  act  takes  effect,  the  stairways  and 
stairhalls  are  enclosed  in  partitions  of  brick, 
terra-cotta  blocks  or  reinforced  concrete  constructed 
in  a manner  approved  by  the  fire  commissioner 
and  by  the  superintendent  of  buildings  of  the 
city  of  New  York  if  in  such  city,  or  elsewhere  in 
the  state  by  the  commissioner  of  labor  and  by  the 
local  authority,  if  any,  having  supervision  over  the 
construction  and  alteration  of  buildings,  all  open- 
ings in  which  enclosing  partitions  are  or  shall  here- 
after be  provided  with  fireproof  doors,  in  either  of 
such  cases  so  many  additional  persons  may  be  em- 
ployed on  any  floor  as  can  occupy  the  enclosed  stair- 
hall  or  halls  on  that  floor,  allowing  three  square 
feet  of  unobstructed  floor  space  per  person. 

6.  In  any  building  where  a horizontal  exit  is  pro- 
vided on  any  floor  such  number  of  ipersons  may  be 
employed  on  such  floor  as  can  occupy  the  smaller  of 
the  two  spaces  on  such  floor  on  either  side  of  the  fire- 
proof partitions  or  fire  walls,  or  as  can  occupy  the 
floor  of  an  adjoining  or  near-by  building  which  is 
connected  with  such  floor  by  openings  in  the  wall 


46 


or  walls  between  the  buildings  or  by  exterior  bal- 
conies or  bridges  in  addition  to  the  occupants  for 
such  connected  floor  in  such  adjoining  or  near-by 
building,  allowing  three  square  feet  of  unobstructed 
floor  space  per  person,  provided  that  the  partitions 
or  walls  or  balconies  through  which  the  horizontal 
exit  is  provided  to  such  other  portion  of  the  same 
building  or  to  such  adjoining  or  near-by  building 
shall  have  doorways  of  sufficient  width  to  allow 
eighteen  inches  in  width  of  opening  for  each  fifty 
persons  or  fraction  thereof  so  permitted  to  be  em- 
ployed on  such  floor. 

7.  In  any  building  heretofore  erected  of  fireproof 
construction,  where  any  floor  is  subdivided  by 
partitions  of  brick,  terra  cotta  or  concrete  not 
less  than  four  inches  thick  extending  continuously 
from  the  fireproofing  of  the  floor  to  the  underside 
of  the  fireproofing  of  the  floor  above,  with  all  open- 
ings protected  by  fireproof  doors  not  less  than  forty 
inches  nor  more  than  sixty-six  inches  in  width,  and 
in  which  all  the  windows  on  such  floor  and  on  the 
two  floors  directly  underneath  are  fireproof  windows, 
such  number  of  persons  may  be  employed  on  such 
floor  as  can  occupy  the  smaller  of  the  two  spaces 
on  either  side  of  such  partitions,  allowing  three 
square  feet  of  unobstructed  floor  space  per  person, 
provided  there  shall  be  on  each  side  of  said  parti- 
tions at  least  one  stairway  conforming  to  the  re- 
quirements for  a required  means  of  exit  ; and 
provided  further  that  such  partitions  have  doorways 
of  sufficient  width  to  allow  eighteen  inches  in  width 
of  openings  for  each  fifty  persons  or  fraction  thereof 
so  permitted  to  occupy  such  floor,  and  that  such 
doorways  shall  be  kept  open  and  unobstructed  dur- 
ing working  hours.  The  provisions  of  this  subdi- 
vision shall  apply  to  any  fireproof  building  hereto- 


47 


fore  erected  which  may  hereafter  be  made  to  con- 
form to  the  requirements  of  this  section. 

8.  In  any  building  the  number  of  persons  per- 
mitted to  be  employed  on  any  one  floor  under  the 
provisions  of  subdivisions  one,  two  and  three  of  this 
section  may  be  increased  fifty  per  centum  where 
there  is  constructed,  installed  and  maintained 
throughout  the  building  an  automatic  sprinkler 
system  conforming  to  the  requirements  of  section 
eighty -three-b  of  this  chapter  and  to  the  rules  and 
regulations  of  the  industrial  board. 

9.  In  any  building,  the  number  of  persons  who 
may  be  employed  on  any  one  floor  shall  in  no  event 
exceed  such  number  as  can  occupy  such  floor,  allow- 
ing thirty- six  square  feet  of  floor  space  per  person 
if  the  building  is  not  of  fireproof  construction,  and 
thirty- two  square  feet  of  floor  space  per  person  if 
the  building  is  of  fireproof  construction. 

10.  Posting.  In  every  factory,  two  stories  or 
over  in  height,  the  commissioner  of  labor  shall 
cause  to  be  posted  notices  specifying  the  number  of 
persons  that  may  occupy  each  floor  thereof  in  ac- 
cordance with  the  provisions  of  this  section.  Every 
such  notice  shall  be  posted  in  a conspicuous  place 
in  every  stairhall  and  workroom.  If  any  one  floor 
is  occupied  by  more  than  one  tenant,  such  notices 
shall  be  posted  in  the  space  occupied  by  each  tenant. 
Every  such  notice  shall  bear  the  date  when  posted. 

§ 79-f.  Meaning  of  terms.  The  following  terms 
when  used  in  this  article  shall  have  the  following 
meaning  : 

1.  Fireproof  construction.  A building  shall  be 
deemed  to  be  of  fireproof  construction  if  it  conforms 
to  the  following  requirements:  All  walls  constructed 
of  brick,  stone,  concrete  or  terra-cotta;  all  floors  and 


48 


roofs  of  brick,  terra-cotta  or  reinforced  concrete 
placed  between  steel  or  reinforced  concrete  beams  and 
girders;  all  the  steel  entering  into  the  structural 
parts  encased  in  at  least  two  inches  of  fireproof  ma- 
terial, excepting  the  wall  columns,  which  must  be  en- 
cased in  at  least  eight  inches  of  masonry  on  the  out- 
side and  four  inches  on  the  inside;  all  stair- wells,  ele- 
vator wells,  public  hallways  and  corridors  enclosed 
by  fireproof  partitions  with  metal -covered  doors, 
trim  and  sash;  all  stairways,  landings,  hall- 
ways and  other  floor  surfaces  of  incombustible 
material;  no  woodwork  or  other  combustible  ma- 
terial used  in  any  partition,  furring,  ceiling  or 
floor ; and  all  window  frames,  doors  and  sash, 
trim  and  other  interior  finish  of  incombustible 
material ; all  windows  shall  be  fireproof  windows 
except  that  in  buildings  under  seventy  feet  in 
height  fireproof  windows  are  required  only  when 
within  thirty  feet  of  another  building  or  opening 
on  a court  or  space  less  than  thirty  feet  wide ; ex- 
cept that  in  buildings  under  one  hundred  feet  in 
height  there  may  be  wooden  sleepers  and  floor 
finish  and  wooden  trim,  and  except  that  in  build- 
ings under  one  hundred  and  fifty  feet  in  height 
heretofore  constructed  there  may  be  wooden  sleepers, 
floor  finish  and  trim  and  the  windows  need  not  be 
fireproof  windows,  excepting  when  such  windows 
are  within  thirty  feet  of  another  building. 

2.  Fireproof  material  is  material  which  is  incom- 
bustible and  is  capable  of  resisting  the  effect  of  fire 
in  such  manner  and  to  such  extent  as  to  insure  the 
safety  of  the  occupants  of  the  building.  The  in- 
dustrial board  shall  determine  and  in  its  rules  and 
regulations  shall  specify  what  materials  are  fire- 
proof materials  within  the  meaning  hereof. 

8.  Incombustible  material  is  material  which  will 
not  burn  or  support  combustion. 


49 


4.  A fire  wall  is  a wall  constructed  of  brick,  con- 
crete, porous  terra-cotta  blocks  or  reinforced  stone 
concrete,  and  having  at  each  floor  level  one  or  more 
openings  each  protected  by  fire  doors  so  constructed 
as  to  prevent  the  spread  of  fire  or  smoke  through  the 
openings.  In  buildings  of  non-fireproof  constru- 
tion  fire  walls  shall  be  at  least  twelve  inches  in 
thickness  and  shall  extend  continuously  from  the 
the  cellar  floor  through  the  entire  building  and  at 
least  three  feet  over  the  roof  and  be  coped;  except 
that  walls  heretofore  erected  not  less  than  eight  in- 
chess in  thickness,  but  otherwise  conforming  to  the 
requirements  of  this  subdivision  shall  be  considered 
fire  walls  within  the  meaning  of  this  subdivision. 
No  opening  in  such  wall  shall  exceed  sixty-six 
inches  in  width  or  sixty  square  feet  in  area,  except 
that  where  openings  not  exceeding  eight  feet  in 
width  exist  in  fire  walls  heretofore  erected,  such  walls 
may  be  considered  fire  walls  within  the  meaning  of 
this  subdivision,  and  in  the  case  of  fire  walls 
hereafter  constructed  no  two  openings  in  the  same 
wall  and  at  the  same  floor  level  shall  be  nearer  than 
forty  feet  from  the  center  of  one  opening  to  the 
center  of  another.  Every  opening  in  a fire  wall 
shall  be  protected  by  a fire  door  closing  auto- 
matically on  each  side  of  the  wall.  At  every  open- 
ing in  the  fire  wall  there  shall  be  an  incombustible 
floor  finish  extending  over  the  floor  for  the  full  thick- 
ness of  the  wall  so  as  to  completely  separate  the 
woodwork  of  the  floors  on  each  side  of  the  fire  wall. 
In  fireproof  buildings  the  fire  walls  shall  comply 
with  the  foregoing  requirements  in  all  respects  ex- 
cepting that  they  may  be  of  the  thickness  required 
by  the  provisions  of  this  section  with  respect  to  fire- 
proof partitions;  such  fire  walls  and  fireproof  parti- 
tions shall  be  continuous,  from  the  cellar  floor  to  the 
under  side  of  the  fireproof  roof. 


50 


5.  Fireproof  partitions  shall  be  built  of  brick, 
concrete,  reinforced  concrete  or  porous  terra-cotta 
blocks.  When  built  of  brick  or  concrete  they  shall 
be  not  less  than  eight  inches  in  thickness  for 
the  uppermost  forty  feet,  and  shall  increase 
four  inches  in  thickness  for  each  additional 
lower  forty  feet  or  part  thereof ; or,  when 
wholly  supported  by  suitable  steel  framing  at 
vertical  intervals  of  not  over  forty  feet,  they  may 
be  eight  inches  in  thickness  throughout  their  entire 
height.  When  wholly  supported  at  vertical  inter- 
vals of  not  over  twenty-five  feet,  and  built  of  porous 
terra-cotta  blocks,  they  shall  be  not  less  than  six 
inches  in  thickness  and  when  so  supported  and  built 
of  reinforced  stone  concrete,  they  shall  be  not  less 
than  four  inches  in  thickness.  The  supporting  steel 
framework  shall  be  properly  encased  on  all  sides 
by  not  less  than  two  inches  of  fireproof  material, 
securely  fastened  to  the  steel  work.  All  openings 
in  such  partitions  shall  be  provided  with  fire  doors. 

6.  Fire  doors.  Fire  doors  shall  be  metal  cov- 
ered doors,  or  doors  of  such  other  material  as 
shall  be  specified  in  the  rules  and  regulations  of 
the  industrial  board.  They  shall  be  provided  with 
self-closing  devices  and  have  incombustible  sills. 
The  industrial  board  shall  determine,  and  in  its  rules 
and  regulations  shall  specify,  the  material  and  mode 
and  manner  of  construction  and  erection  of  such 
doors. 

7.  Fireproof  windows  shall  be  windows  constructed 
of  metal  frames  and  sash  and  provided  with  wired 
glass  and  of  the  automatic,  self-closing  type. 

8.  Exterior  enclosed  fireproof  stairways  shall 
consist  of  a stairway  completely  enclosed  from  top 
to  bottom  by  walls  of  fireproof  material  not  less 
than  eight  inches  thick  extending  from  the  side- 


51 


walk,  court  or  yard  level  to  the  roof,  and  with 
walls  extending  above  the  roof  so  as  to  form  a 
bulkhead.  The  stairway  shall  in  all  other  respects 
conform  to  the  requirements  of  this  article  in 
regard  to  enclosed  stairways.  There  shall  be  no 
opening  in  any  wall  separating  the  exterior  enclosed 
fireproof  stairway  from  the  building.  Access  shall 
be  provided  to  the  stairway  from  every  floor  of 
the  building  by  means  of  an  outside  balcony  or 
vestibule  of  steel,  iron  or  masonry.  Every  such  bal- 
cony or  vestibule  shall  have  an  unobstructed 
width  of  at  least  forty-four  inches  and  shall  be 
provided  with  a fireproof  floor  and  a railing  of 
incombustible  material  not  less  than  three  feet 
high.  Access  to  such  balconies  from  the  building 
and  to  the  stairway  from  the  balconies,  shall  be  by 
means  of  fire  doors.  The  level  of  the  balcony  floor 
shall  be  not  more  than  seven  inches  below  the  level 
of  the  door  sill  of  the  building.  The  doors  shall 
be  not  less  than  forty- four  inches  wide  and  shall 
swing  outward  onto  the  balcony  and  inward  from 
the  balcony  to  the  stairway,  and  shall  be  pro- 
vided with  locks  or  latches  with  visible  fasten- 
ings requiring  no  key  to  open  them  in  leaving 
the  building.  The  landings  in  such  stairway  shall 
be  of  such  width  that  the  doors  in  opening  into  the 
stairway  shall  not  reduce  the  free  passageway  of 
the  landings  to  a width  less  than  the  width  of  the 
stairs.  Every  such  stairway  shall  be  provided  with 
a proper  lighting  system  which  shall  furnish  ade- 
quate light  and  shall  be  so  arranged  as  to  ensure 
its  reliable  operation  when,  through  accident  or 
other  cause,  the  regular  factory  lighting  is  extin- 
guished. The  balconies  giving  access  to  such  stair- 
ways shall  be  open  on  at  least  one  side  upon  an 
open  space  not  less  than  one  hundred  square  feet  in 
area. 

9.  Horizontal  exit.  A horizontal  exit  shall 


52 


by  an  opening  not  less  than  forty-four  inches 
wide,  protected  by  fire  doors,  through  a fire  wall 
in  any  building,  or  through  a wall  or  walls  be- 
tween two  buildings,  or  a fireproof  partition  in  the 
case  of  a building  of  fireproof  construction,  which 
doors  shall  continuously  be  unlocked  and  the  open- 
ing unobstructed  whenever  any  person  is  em- 
ployed on  either  side  of  the  opening.  Exterior  bal- 
conies and  bridges  not  less  than  forty-four  inches 
in  width  connecting  two  buildings  and  not  having 
a gradient  of  more  than  one  foot  fall  in  six,  may 
also  be  counted  as  horizontal  exits  when  the  doors 
opening  out  uponsaid  balconies  or  bridges  are  fire- 
proof doors  and  are  level  with  the  floors  of  the 
building,  and  when  all  doors  of  both  buildings 
opening  on  such  balconies  or  bridges  are  conti- 
nuously kept  unlocked  and  unobstructed  when- 
ever any  person  is  employed  on  either  side  of  the 
exit,  and  when  such  balconies  or  bridges  are  built  of 
incombustible  material  and  are  capable  of  sustaining 
a live  load  of  not  less  than  ninety  pounds  per 
square  foot  with  a factor  of  safety  of  four ; and 
when  such  balconies  or  bridges  are  enclosed  on  all 
sides  to  a height  of  not  less  than  six  feet  and  on  top 
and  bottom  by  fireproof  material,  unless  all  windows 
or  openings  within  thirty  feet  of  such  balconies  in 
the  connected  buildings  shall  be  encased  in  metal 
frames  and  sash  and  shall  have  wired  glass  where 
glass  is  used.  In  any  case  there  shall  be  on  each 
side  of  the  wall  or  partition  containing  the  hori- 
zontal exit  and  independent  of  said  horizontal 
exit,  at  least  one  stairway  conforming  to  the 
requirements  for  a required  means  of  exit. 

10.  Exterior  screened  stairways  used  as  one  of  the 
required  means  of  exit  in  existing  buildings  shall 


53 


be  built  of  incombustible  material.  The  risers  of 
the  stairs  shall  be  not  more  than  seven  and  three- 
quarters  inches  in  height  and  the  treads  not 
less  than  ten  inches  wide.  On  each  floor  there 
shall  be  a balcony  connecting  with  the  stairs.  Ac- 
cess to  the  balconies  shall  be  by  means  of  fire  doors 
that  shall  open  outwardly,  so  as  not  to  obstruct  the 
passageway,  or  slide  freely  and  shall  extend  to  the 
floor  level.  All  windows  or  other  openings  opening 
upon  the  course  of  such  stairs  shall  be  fireproof. 
The  level  of  the  balcony  floor  shall  not  be  more 
than  seven  inches  below  the  level  of  the  door  sill. 
The  stairs  shall  continue  from  the  roof  to  the  ground 
level,  and  there  shall  be  independent  means  of  exit 
from  the  bottom  of  such  stairs  to  the  street  or  to 
an  open  court  or  to  a fireproof  enclosed  passageway 
leading  to  the  street  or  to  an  open  area  having 
communication  with  the  street  or  road.  The  bal- 
conies and  stairs  shall  be  enclosed  in  a screen  of 
incombustible  material. 

11.  The  provisions  of  subdivisions  four  to  ten  in- 
clusive of  this  section  shall  apply  to  all  buildings 
hereafter  erected  and  to  all  construction  hereafter 
made  in  buildings  heretofore  erected.  The  indus- 
trial board  shall  adopt  rules  and  regulations  regu- 
lating construction  heretofore  made  in  buildings 
heretofore  erected  requiring  compliance  with  such 
of  the  requirements  of  the  said  subdivisions  or  with 
such  other  or  different  requirements  as  said  board 
may  find  to  be  reasonable  and  adequate  to  protect 
persons  employed  in  such  buildings  against  fire. 

Section  2.  Sections  eighty,  eighty-two  and 
eighty- three  of  such  chapter  are  hereby  repealed. 

Section  3.  This  act  shall  take  effect  October 
first,  nineteen  hundred  and  thirteen. 


51 


BILL  NO.  11. 

An  Act  to  amend  the  Greater  New  York  Charter, 
in  relation  to  the  better  prevention  of  fires. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  Section  seven  hundred  and  seventy- 
four  of  the  Greater  New  York  Charter,  as  added 
by  chapter  eight  hundred  and  ninety-nine  of  the 
laws  of  nineteen  hundred  and  eleven,  is  hereby 
amended  to  read  as  follows: 

§774.  The  Commissioner  shall  enforce  all  laws 
and  ordinances  and  the  rules  and  regulations  of 
the  industrial  hoard  of  the  department  of  labor  in 
respect  of 

1.  The  prevention  of  fires; 

2.  The  storage,  sale,  transportation  or  use  of 
combustibles,  chemicals  and  explosives; 

3.  The  installation  and  maintenance  of  auto- 
matic or  other  fire-alarm  systems  and  fire  ex- 
tinguishing equipment; 

4.  The  means  and  adequacy  of  exit,  in  case  of 
fire,  from  all  buildings,  structures,  enclosures,  ves- 
sels, places  and  premises  in  which  numbers  of  per- 
sons work,  live,  or  congregate  from  time  to  time 
for  any  purpose  except  tenement  houses  ; and  except 
factories  as  defined  by  the  labor  law. 

5.  The  investigation  of  the  cause,  circumstances 
and  origin  of  fires  and  the  suppression  of  arson. 

Section  2.  Subdivisions  two  and  three  of  section 
seven  hundred  and  seventy-five  of  the  Greater 
New  York  Charter,  as  added  by  chapter  eight 
hundred  and  ninety-nine  of  the  laws  of  nineteen 


55 


hundred  and  eleven,  are  hereby  amended  to  read 
as  follows  : 

2.  Order,  in  writing,  the  remedying  of  any  con- 
dition found  to  exist  in,  on  or  about  any  building, 
structure,  enclosure,  vessel,  place  or  premises,  ex- 
cept tenement  houses,  and  except  factories  as  de- 
fined by  the  labor  law , in  violation  of  any  law  or 
ordinance  in  respect  to  fires  or  to  the  prevention  of 
fires,  except  the  tenement-house  law. 

3.  Require,  in  writing,  the  installation,  as  pre- 
scribed by  any  law  or  ordinance  or  by  the  rules  and 
regulations  of  the  industrial  board  of  the  depart- 
ment of  labor , in  any  building,  structure  or  en- 
closure of  automatic  or  other  fire-alarm  system  or 
fire  extinguishing  equipment  and  the  maintenance 
and  repair  thereof,  or  the  construction,  as  pre- 
scribed by  any  law  or  ordinance,  of  adequate  and 
safe  means  of  exit  from  all  buildings  and  struc- 
tures except  tenement  houses  and  except  factories 
as  defined  by  the  labor  law. 

Section  3.  Section  seven  hundred  and  seventy- 
seven  of  the  Greater  New  York  Charter  as  added 
by  chapter  eight  hundred  and  ninety-nine  of  the 
laws  of  nineteen  hundred  and  eleven  is  hereby 
amended  to  read  as  follows  : 

§777.  The  owner,  lessee  or  occupant  of  any  build- 
ing, structure,  vessel,  enclosure,  place  or  prem- 
ises affected  by  any  order  of  the  department,  or  his 
agent,  may  make  written  demand  upon  the  com- 
missioner for  a survey  of  such  building,  struc- 
ture, vessel,  enclosure,  place  or  premises  to  deter- 
mine whether  or  not  such  order  is  valid  and  reason- 
able, which  demand  for  survey  must  be  served  upon 
the  commissioner  or  one  of  his  deputies,  or  a mem- 
ber of  the  uniformed  force  of  the  department,  if  per- 


5(> 


sonal  service  cannot  be  made  upon  the  commissioner 
or  one  of  his  deputies,  within  forty-eight  hours,  Sun- 
days and  holidays  excluded,  after  the  service  of  the 
order  referred  to  in  such  demand.  A demand 
for  survey  served  upon  a deputy  commissioner  or 
a member  of  the  uniformed  force  of  the  department 
shall  be  forthwith  transmitted  to  the  commis- 
sioner. Upon  receipt  of  a demand  for  a survey  the 
commissioner  shall  immediately  issue  an  order  for 
the  same,  naming  therein  three  persons  to  act  as 
surveyors,  one  of  whom  shall  be  an  officer  or  an 
employee  of  the  bureau  of  fire  prevention  or  a 
member  of  the  municipal  explosives  commission  ; 
another  shall  be  an  architect  or  builder  of  at  least 
ten  years’  experience,  nominated  by  the  person 
demanding  the  survey , and  the  third  person  to 
be  chosen  by  the  fire  commissioner  from  a list  to 
be  furnished  by  the  [board  of  fire  underwriters] 
New  York  Chapter  of  the  American  Institute  of 
Architects , if  the  premises  be  in  the  borough  of 
Manhattan , the  Bronx  or  Richmond , or  by  the 
Brooklyn  Chapter  of  the  American  Institute  of 
Architects , if  the  premises  be  in  the  borough  of 
Brooklyn  or  Queens , or  by  the  American  Society 
of  Civil  Engineers , or  provided  by  the  commis- 
sioner, with  the  approval  of  the  mayor,  in  the  event 
[of  the  board  of  fire  underwriters]  that  such 
chapter  or  such  society  shall  not  furnish  such 
list.  If  the  person  demanding  the  survey 
neglects  or  refuses  to  appoint  such  surveyor , the 
other  two  surveyors  may  make  such  survey ; and 
in  case  of  disagreement  of  the  latter  they  may  ap- 
point a third  person  to  take  part  in  such  survey 
who  shall  also  be  an  architect  or  builder  of  at  least 
ten  years'  experience. 

Section  4.  Section  seven  hundred  and  seventy- 


57 


five-aof  the  Greater  New  York  Charter  as  added  by 
chapter  four  hundred  and  fifty-eight  of  the  laws  of 
nineteen  hundred  and  twelve  is  hereby  repealed. 

Section  5.  This  act  shall  take  effect  immediately. 


bill  no.  12. 

An  Act  to  amend  the  labor  law,  in  relation  to  the 
employment  of  children  under  fourteen  years 
in  or  for  a factory,  the  definition  of  factory 
building  and  the  definition  of  tenement  house. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows  : 

Section  1.  Section  two  of  chapter  thirty- six  of 
the  laws  of  nineteen  hundred  and  nine,  entitled 
“ An  act  relating  to  labor,  constituting  chapter 
thirty- one  of  the  consolidated  laws,”  is  hereby 
amended  to  read  as  follows  : 

§ 2.  Definitions.  Employee.  The  term  “ em- 
ployee,” when  used  in  this  chapter,  means  a 
mechanic,  workingman,  or  laborer  who  works  for 
another  for  hire. 

Employer.  The  term  “ employer,”  when  used 
in  this  chapter,  means  the  person  employing  any 
such  mechanic,  workingman  or  laborer,  whether 
the  owner,  proprietor,  agent,  superintendent,  fore- 
man or  other  subordinate. 

Factory  ; work  for  a factory.  The  term  ‘ ‘ fac- 
tory,” when  used  in  this  chapter,  shall  be  construed 
to  include  [also]  any  mill,  workshop,  or  other  manu- 
facturing or  business  establishment  and  all  build- 
ings, sheds , structures  or  other  places  used  for  or 
in  connection  therewith,  where  one  or  more  per- 


58 


sons  are  employed  at  labor.  Work  shall  he  deemed 
to  he  done  for  a factory  within  the  meaning  of  this 
chapter  whenever  it  is  done  for  the  use  of  a fac- 
tory, whether  under  contract  or  arrangement  with 
any  person  in  charge  of  or  connected  with  such 
factory  directly  or  indirectly  through  the  instru- 
mentality of  one  or  more  contractors  or  other  third 
persons. 

Factory  building.  The  term  ‘ ‘ factory  building 
when  used  in  this  chapter , means  any  building , 
shed  or  structure  ivhich , or  any  part  of  ivhich , is 
occupied  by  or  used  for  a factory. 

Mercantile  establishment.  The  term  “ mercan- 
tile establishment, ” when  used  in  this  chapter, 
means  any  place  where  goods,  wares  or  merchan- 
dise are  offered  for  sale. 

Tenement  house.  The  term  “ tenement  house,” 
when  used  in  this  chapter,  means  any  house  or 
building,  or  portion  thereof,  which  is  either  rented, 
leased,  let  or  hired  out,  to  be  occupied,  or  is  occu- 
pied in  whole  or  in  part  as  the  home  or  residence  of 
three  families  or  more  living  independently  of  each 
other,  and  doing  their  cooking  upon  the  premises, 
and  [having  a common  right  in  the  halls,  stairways, 
yards,  water  closets  or  privies,  or  some  of  them,] 
includes  apartment  houses , flat  houses  and  all 
other  houses  so  occupied , and  for  the  purposes  of 
this  chapter  shall  be  construed  to  include  any  build- 
ing on  the  same  lot  with  any  [dwelling]  such  tene- 
ment house  and  which  is  used  for  any  of  the  purposes 
specified  in  section  one  hundred  of  this  chapter. 

Whenever,  in  this  chapter,  authority  is  conferred 
upon  the  commissioner  of  labor,  it  shall  also  be 
deemed  to  include  his  deputies  or  a deputy  acting 
under  his  direction. 

Section  2.  Section  seventy  of  such  chapter  is 
hereby  amended  to  read  as  follows : 


59 


Section  70.  Employment  of  minors.  No  child 
under  the  age  of  fourteen  years  shall  be  employed, 
permitted  or  suffered  to  work  in  or  in  connection 
with  any  factory  in  this  stat  e[.],  or/or  any  factory 
at  any  place  in  this  state . No  child  between  the 
ages  of  fourteen  and  sixteen  years  shall  be  so  em- 
ployed, permitted  or  suffered  to  work  unless  an  em- 
ployment certificate,  issued  as  provided  in  this 
article,  shall  have  been  theretofore  filed  in  the  office 
of  the  employer  at  the  place  of  employment  of  such 
child.  Nothing  herein  contained  shall  prevent  a 
person  engaged  in  farming  from  permitting  his 
children  to  work  for  him  upon  his  farm  in  gath- 
ering the  produce  thereof. 

Section  3.  This  act  shall  take  effect  immediately. 


bill  no.  13. 

An  Act  to  amend  the  labor  law,  in  relation  to  the 
manufacture  of  articles  in  tenement  houses. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows  : 

Section  1.  Article  seven  of  chapter  thirty-six  of 
the  laws  of  nineteen  hundred  and  nine,  entitled 
“ An  act  relating  to  labor,  constituting  chapter 
thirty-one  of  the  consolidated  laws,”  is  hereby 
amended  to  read  as  follows: 


<>o 


ARTICLE  7. 

Tenement-made  Articles. 

Sec.  100.  Manufacturing,  altering,  repairing  or  fin- 
ishing articles  in  tenements. 

101.  Register  of  persons  to  whom  work  is 

given;  identification  label. 

102.  Goods  unlawfully  manufactured  to  be 

labelled. 

103.  Powers  and  duties  of  boards  of  health 

relative  to  tenement  made  articles. 

104.  [Inspection  of  articles  manufactured  in 

other  states.]  Manufacture  of  certain 
articles  in  tenements  prohibited. 

105.  Owners  of  tenement  [and  dwelling] 

houses  not  to  permit  the  unlawful 
use  thereof. 

106.  Factory  permits. 

Sec.  100.  Manufacturing,  Altering,  Repair- 
ing or  Finishing  Articles  in  Tenements. 

1.  No  tenement  house  nor  any  part  thereof  shall 
be  used  for  the  purpose  of  manufacturing,  altering, 
repairing  or  finishing  therein,  any  [coats,  vests, 
knee-pants,  trousers,  overalls,  cloaks,  hats,  caps, 
suspenders,  jerseys,  blouses,  dresses,  waists,  waist- 
bands, underwear,  neckwear,  furs,  fur  trimmings, 
fur  garments,  skirts,  shirts,  aprons,  purses,  pocket- 
books,  slippers,  paper  boxes,  paper  bags,  feathers, 
artificial  flowers,  cigarettes,  cigars,  umbrellas,  or 
articles  of  rubber,  nor  for  the  purpose  of  manufac- 
turing, preparing  or  packing  macaroni,  spaghetti, 
ice-cream,  ices,  candy,  confectionery,  nuts  or  pre- 
serves] articles  whatsoever  without  a license  there- 


61 


for  as  provided  in  this  article.  But  nothing  herein 
contained  shall  apply  to  collars,  cuffs,  shirts  or 
shirt  waists  made  of  cotton  or  linen  fabrics  that  are 
subjected  to  the  laundrying  process  before  being 
offered  for  sale  for  sale. 

2.  Application  for  such  a license  shall  be  made  to 
the  commissioner  of  labor  by  the  owner  of  such 
tenement  house,  or  by  his  duly  authorized  agent. 
Such  application  shall  describe  the  house  by  street 
number  or  otherwise,  as  the  case  may  be,  in  such 
manner  as  will  enable  the  commissioner  of  labor 
easily  to  find  the  same  ; it  shall  also  state  the  num- 
ber of  apartments  in  such  house  ; it  shall  contain 
the  full  name  and  address  of  the  owner  of  the  said 
house,  and  shall  be  in  such  form  as  the  commis- 
sioner of  labor  may  determine.  Blank  applications 
shall  be  prepared  and  furnished  by  the  commissioner 
of  labor. 

3.  Upon  receipt  of  such  application  the  commis- 
sioner of  labor  shall  consult  the  records  of  the  local 
health  department  or  board,  or  other  appropriate 
local  authority  charged  with  the  duty  of  sanitary 
inspection  of  such  houses  ; if  such  records  show  the 
presence  of  any  infectious,  contagious  or  communi- 
cable disease,  or  the  existence  of  any  uncomplied- 
with  order  or  violations  which  indicate  the  presence 
of  unsanitary  conditions  in  such  house,  the  com- 
missioner of  labor  may,  without  making  an 
inspection  of  the  building,  deny  such  appli- 
cation for  a license,  and  may  continue  to 
deny  such  application  until  such  time  as  the 
records  of  said  department,  board  or  other 
local  authority  show  that  the  said  tenement- 
house  is  free  from  the  presence  of  infectious,  con- 
tagious or  communicable  disease,  and  from  all  un- 
sanitary conditions.  Before,  however,  any  such 


62 


license  is  granted,  an  inspection  of  the  building 
sought  to  be  licensed  must  be  made  by  the  commis- 
sioner of  labor,  and  a statement  must  be  filed  by 
him  as  a matter  of  public  record,  to  the  effect  that 
the  records  of  the  local  health  department  or  board 
or  other  appropriate  authority  charged  with  the 
duty  of  sanitary  inspection  of  such  houses  show  the 
existence  of  no  infectious,  contagious  or  communi- 
cable disease  nor  of  any  unsanitary  conditions  in 
the  said  house;  such  statement  must  be  dated  and 
signed  in  ink  with  the  full  name  of  the  employee 
responsible  therefor.  A similar  statement  simi- 
larly signed,  showing  the  results  of  the  inspec- 
tion of  the  said  building,  must  also  be  filed  in 
the  office  of  the  commissioner  of  labor  before  any 
license  is  granted.  If  the  commissioner  of  labor 
ascertain  that  such  building  is  free  from  infectious, 
contagious  or  communicable  disease,  that  there  are 
no  defects  of  plumbing  that  will  permit  the  [free] 
entrance  of  sewer  air,  that  such  building  is  in  a 
clean  and  proper  sanitary  condition  and  that  [the] 
articles  [specified  in  this  section]  may  be  manufac- 
tured therein  under  clean  and  healthful  conditions, 
he  shall  grant  a [license  permitting  the  use  of  such 
building,  for  the  purpose  of  manufacturing^  alter- 
ing, repairing  or  finishing  such  articles]. 

4.  Such  license  may  be  revoked  by  the  commis- 
sioner of  labor  if  the  health  of  the  community  or  of 
the  employees  requires  it,  or  if  the  owner  of  the 
said  tenement-house,  or  his  duly  authorized  agent, 
fails  to  comply  with  the  orders  of  the  commis- 
sioner of  labor  within  ten  days  after  the  receipt  of 
such  orders,  or  if  it  appears  that  the  building  to 
which  such  license  relates  is  not  in  a healthy  and 
proper  sanitary  condition,  or  if  children  are  employed 
therein  in  violation  of  section  seventy  of  this  chap- 
ter. In  every  case  where  a license  is  revoked  or  denied 
by  the  commissioner  of  labor  the  reasons  therefor 


shall  be  stated  in  writing,  and  the  records  of  such 
revocation  or  denial  shall  be  deemed  public  records. 
Where  a license  is  revoked,  before  such  tenement- 
house  can  again  be  used  for  the  purposes  specified 
in  this  section,  a new  license  must  be  obtained,  as 
if  no  license  had  previously  existed. 

5.  Every  tenement-house  and  all  the  parts  thereof 
in  which  any  [of  the]  articles  [named  in  this  section] 
are  manufactured,  altered,  repaired  or  finished  shall 
be  kept  in  a clean  and  sanitary  condition  and  shall 
be  subject  to  inspection  and  examination  by  the 
commissioner  of  labor,  for  the  purpose  of  ascertain- 
ing whether  said  garments  or  articles,  or  part  or 
parts  thereof,  are  clean  and  free  from  vermin  and 
every  matter  of  an  infectious  or  contagious  nature. 
An  inspection  shall  be  made  by  the  commissioner  of 
labor  of  each  licensed  tenement-house  not  less  than 
once  in  every  six  months,  to  determine  its  sani- 
tary condition,  and  shall  include  all  parts 
of  such  house  and  the  plumbing  thereof.  Be- 
fore making  such  inspection  the  commissioner  of 
labor  may  consult  the  records  of  the  local 
department  or  board  charged  with  the  duty  of 
sanitary  inspection  of  tenement-houses,  to  determine 
the  frequency  of  orders  issued  by  such  department 
or  board  in  relation  to  the  said  tenement-house, 
since  the  last  inspection  of  such  building  was 
made  by  the  commissioner  of  labor.  Whenever 
the  commissioner  of  labor  finds  any  unsanitary 
condition  in  a tenement  house  for  which  a license 
has  been  issued  as  provided  in  this  section,  he  shall 
at  once  issue  an  order  to  the  owner  thereof  direct- 
ing him  to  remedy  such  condition  forthwith.  When- 
ever the  commissioner  of  labor  finds  any  [of  the] 
articles  [specified  in  this  section]  manufactured, 
altered,  repaired  or  finished,  or  in  process  thereof, 
in  a room  or  apartment  of  a tenement  house, 
and  such  room  or  apartment  is  in  a filthy  condi- 


tion,  he  shall  notify  the  tenants  thereof  to  immedi- 
ately clean  the  same,  and  to  maintain  it  in  a cleanly 
condition  at  all  times  ; where  the  commissioner  of 
labor  finds  such  room  or  apartment  to  be  habitually 
kept  in  a filthy  condition,  he  may  in  his  discretion 
cause  to  be  affixed  to  the  entrance  door  of  such 
apartment  a placard  calling  attention  to  such  facts 
and  prohibiting  the  manufacture,  alteration,  repair 
or  finishing  of  [said]  any  articles  therein.  No  per- 
son, except  the  commissioner  of  labor,  shall  remove 
or  deface  any  such  placard  so  affixed. 

6.  [None  of  the]  No  articles  [specified  in  this  sec- 
tion] shall  be  manufactured,  altered,  repaired  or 
finished  in  any  room  or  apartment  of  a tenement- 
house  where  there  is  or  has  been  a case  of  infec- 
tious, contagious  or  communicable  disease  in  such 
room  or  apartment,  until  such  time  as  the  local  de- 
partment or  board  of  health  shall  certify  to  the 
commissioner  of  labor  that  such  disease  has  ter- 
minated, and  that  said  room  or  apartment  has  been 
properly  disinfected,  if  disinfection  after  such 
disease  is  required  by  the  local  ordinances,  or  by 
the  rules  or  regulations  of  such  department  or 
board.  [None  of  the]  No  articles  [specified  in  this 
section]  shall  be  manufactured,  altered,  repaired 
or  finished  in  a part  of  a cellar  or  basement  of  a 
tenement-house,  which  is  more  than  one-half  of 
its  height  below  the  level  of  the  curb  or  ground 
outside  of  or  adjoining  the  same;  but  this  prohibi- 
tion shall  not  apply  to  the  use  for  a bakery  of  a 
cellar  for  which  a certificate  of  exemption  is  issued 
under  Sec.  116  of  this  chapter.  No  person  shall 
hire,  employ  or  contract  with  any  person  to  manu- 
facture, alter,  repair  or  finish  any  [of  the]  articles 
[named  in  this  section]  in  any  room  or  apartment 
in  any  tenement-house  not  having  a license  there- 
for issued  as  aforesaid.  [None  of  the]  No  articles 


65 


[specified  in  this  section]  shall  be  manufactured, 
altered,  repaired  or  finished  in  any  room  or  apart- 
ment of  a tenement-house  unless  said  room  or  apart- 
ment shall  be  well  lighted  and  ventilated  and  shall 
contain  at  least  five  hundred  cubic  feet  of  air 
space  for  every  person  working  therein,  or  by  any 
person  other  than  the  members  of  the  family  living 
therein ; except  that  in  licensed  tenement-houses 
persons  not  members  of  the  family  may  be  em- 
ployed in  apartments  on  the  ground  floor  or  second 
floor,  used  only  for  shops  of  dressmakers  who  deal 
solely  in  the  custom  trade  direct  to  the  consumer, 
provided  that  such  apartments  shall  be  in  the  opin- 
ion of  the  commissioner  of  labor  in  the  highest  de- 
gree sanitary,  well  lighted,  well  ventilated  and 
plumbed,  and  provided  further  that  the  whole 
number  of  persons  therein  shall  not  exceed  one  to 
each  one  thousand  cubic  feet  of  air  space,  and  that 
there  shall  be  no  children  under  fourteen  years  of 
age  living  or  working  therein  ; before  any  such 
room  or  apartment  can  be  so  used  a special  permit 
therefor  shall  be  issued  by  the  commissioner  of 
labor,  a copy  of  which  shall  be  entered  in  his  public 
records  with  a statement  of  the  reasons  therefor. 
Nothing  in  this  section  contained  shall  prevent  the 
employment  of  a tailor  or  seamstress  by  any  person 
or  family  for  the  purpose  of  making,  altering, 
repairing  or  finishing  any  article  of  wearing  ap- 
parel for  the  use  of  such  person  or  family.  Nor 
shall  this  section  apply  to  a house  if  the  only  [work] 
manufacturing  therein  [on  the  articles  herein  speci- 
fied] be  carried  on  in  a shop  on  the  main  or  ground 
floor  thereof  with  a separate  entrance  to  the  street, 
unconnected  with  living  rooms  and  entirely  separate 
from  the  rest  of  the  building  by  closed  partitions 
without  any  openings  whatsoever  and  not  used  for 
sleeping  or  cooking. 


GG 


§101.  Register  of  persons  to  whom  work  is 
given;  identification  label. — [Persons]  Every 
employer  in  any  factory  contracting  for 
the  manufacturing,  altering  repairing  or  fin- 
ishing of  any  [of  the]  articles  [mentioned  in 
section  one  hundred  of  this  article]  in  a tenement- 
house  or  giving  out  material  from  which  they  or 
any  part  of  them  are  to  be  manufactured,  altered, 
repaired  or  finished,  in  a tenement-house,  shall  keep 
a register  of  the  names  and  addresses  plainly  writ- 
ten in  English  of  the  persons  to  whom  such  articles  or 
materials  are  given  to  be  so  manufactured,  altered, 
repaired  or  finished  or  with  whom  they  have  con- 
tracted to  do  the  same,  and  shall  issue  with  all  such 
articles  or  materials  a label  bearing  the  name  of  such 
factory.  It  shall  be  incumbent  upon  [all  persons  con- 
tracting for  the  manufacturing,  altering,  repairing 
or  finishing  of  any  of  the  articles  speciried  in  section 
one  hundred  of  this  article  or  giving  out  material 
from  which  they  or  any  part  of  them  are  to  be  manu- 
factured, altered,  repaired  or  finished,]  every  such 
employer  before  giving  out  [the  same]  any  such 
articles  or  materials  to  ascertain  from  the  office  of 
the  commissioner  of  labor  whether  the  tenement- 
house  in  which  such  articles  or  materials  are 
to  be  manufactured,  altered,  repaired  or  finished, 
is  licensed  as  provided  in  this  article,  and  also  to 
ascertain  from  the  local  department  or  board  of 
health  the  names  and  addresses  of  all  persons  then 
sick  of  any  infectious,  contagious  or  communicable 
disease,  and  residing  in  tenement-houses  ; and  none 
of  the  said  articles  nor  any  material  from  which 
they  or  any  part  of  them  are  to  be  manufactured, 
altered,  repaired  or  finished  shall  be  given  out  or 
sent  to  any  person  residing  in  a tenement-house 
that  is  not  licensed  as  provided  in  this  article,  or  to 
any  person  residing  in  a room  or  apartment  in 


67 


whicli  there  exists  any  infectious,  contagious  or 
communicable  disease.  The  register  mentioned  in 
this  section  shall  be  subject  to  inspection  by  the 
commissioner  of  labor,  and  a copy  thereof  shall  be 
furnished  on  his  demand  as  well  as  such  other  in- 
formation as  he  may  require.  The  label  mentioned 
in  this  section  shall  be  exhibited  on  the  demand  of 
the  commissioner  of  labor  at  any  time  while  said 
articles  or  materials  remain  in  the  tenement -house. 

§102.  Goods  unlawfully  manufactured  to  be  la- 
beled.— Articles  manufactured,  altered,  repaired  or 
finished  in  a tenement  house  contrary  to  the  provi- 
sions [of  section  one  hundred]  of  this  chapter  shall 
not  be  sold  or  exposed  for  sale  by  any  person.  The 
commissioner  of  labor  may  conspicuously  affix  to 
any  such  article  found  to  be  unlawfully  manufac- 
tured, altered,  repaired  or  finished,  a label  containing 
the  words  “ tenement  made  [clothes],”  printed  in 
small  pica  capital  letters  on  a tag  not  less  than  four 
inches  in  length,  or  may  seize  and  hold  such  article 
until  the  same  shall  be  disinfected  or  cleaned  at  the 
owner’s  expense,  or  until  all  provisions  of  this  chap- 
ter are  complied  with.  The  commissioner  of  labor 
shall  notify  the  person  stated  by  the  person  in  pos- 
session of  said  article  to  be  the  owner  thereof, 
that  he  has  so  labeled  or  seized  it.  No  person 
except  the  commissioner  of  labor,  or  a local  board 
of  health  in  a case  provided  for  in  section  one  hun- 
dred and  three , shall  remove  or  deface  any  tag  or 
label  so  affixed.  Unless  the  owner  or  person  en- 
titled to  the  possession  of  an  article  so  seized  shall 
provide  for  the  disinfection  or  cleaning  thereof 
within  one  month  thereafter  it  may  be  destroyed. 

§ 103.  Powers  and  duties  of  boards  of  health  rela- 
tive to  tenement-made  articles. — If  the  commissioner 
of  labor  finds  evidence  of  disease  present  in  [a  work- 


68 


shop  or  in]  a room  or  apartment  in  a tenement- 
house  [or  dwelling  house]  in  which  any  [of  the] 
articles  [named  in  section  one  hundred  of  this  chap- 
ter] are  manufactured,  altered,  repaired  or  finished 
or  in  process  thereof,  he  shall  affix  to  such  articles 
the  label  prescribed  in  the  preceding  section,  and 
immediately  report  to  the  local  board  of  health,  who 
shall  disinfect  such  articles,  if  necessary,  and  there- 
upon remove  such  label.  If  the  commissioner  of 
labor  finds  that  infectious  or  contagious  diseases 
exist  in  a [workshop,]  room  or  apartment  of  a tene- 
ment [or  dwelling]  house  in  which  any  [of  the] 
articles  [specified  in  section  one  hundred  of  this 
chapter]  are  being  manufactured,  altered,  re- 
paired or  finished,  or  that  articles  manufac- 
tured or  in  process  of  manufacture  therein  are 
infected  or  that  goods  used  therein  are  unfit  for 
use,  he  shall  report  to  the  local  board  of  health. 
The  local  health  department  or  board  in  every  city, 
town  and  village  whenever  there  is  any  infectious, 
contagious  or  communicable  disease  in  a tenement- 
house  shall  cause  an  inspection  of  such  tenement- 
house  to  be  made  within  forty-eight  hours.  If 
any  [of  the]  articles  [specified  in  section  one  hun- 
dred of  this  chapter]  are  found  to  be  manufac- 
tured, altered,  repaired  or  finished,  or  in  process 
thereof  in  an  apartment  in  which  such  disease  ex- 
ists, such  board  shall  issue  such  order  as  the  public 
health  may  require,  and  shall  at  once  report  such 
facts  to  the  commissioner  of  labor,  furnishing  such 
further  information  as  he  may  require.  Such  board 
may  condemn  and  destroy  all  such  infected  article 
or  articles  manufactured  or  in  the  process  of  manu- 
facture under  unclean  or  unhealthful  conditions. 
The  local  health  department  or  board  or  other 
appropriate  authority  charged  with  the  duty  of 
sanitary  inspection  of  such  houses  in  every  city, 


69 


town  and  village  shall,  when  so  requested  by  the 
commissioner  of  labor,  furnish  copies  of  its  records 
as  to  the  presence  of  infectious,  contagious  or  com- 
municable disease,  or  of  unsanitary  conditions  in 
said  houses  ; and  shall  furnish  such  other  informa- 
tion as  may  he  necessary  to  enable  the  commis- 
sioner of  labor  to  carry  out  the  provisions  of  this 
article. 

§ 104.  [Inspection  of  articles  manufactured  in 
other  states.]  Manufacturing  of  certain  articles 
in  tenements  prohibited.  [Whenever  it  is  reported 
to  the  commissioner  of  labor  that  any  of  the  articles 
named  in  section  one  hundred  of  this  chapter  are 
being  shipped  into  this  state,  having  previously 
been  manufactured  in  whole  or  in  part  under  un- 
clean, unsanitary  or  unhealthy  conditions,  said 
commissioner  shall  examine  said  articles  and  the 
conditions  of  their  manufacture,  and  if  upon  such 
examination  said  goods  or  any  part  of  them  are 
found  to  contain  vermin  or  to  have  been  manu- 
factured in  improper  places  or  under  unhealthy  con- 
ditions, he  shall  forthwith  affix  to  them  the  tax  or 
label  hereinbefore  described  and  report  to  the  local 
board  of  health,  which  board  shall  thereupon  make 
such  order  or  orders  as  the  public  safety  may  re- 
quire.] 

No  article  of  food , no  dolls  or  dolls'  clothing 
and  no  article  of  children's  or  infants'  wearing  ap- 
parel shall  be  manufactured,  altered,  repaired  or 
finished , in  whole  or  in  part , for  a factory,  either 
directly  or  through  the  instrumentality  of  one  or 
more  contractors  or  other  third  person,  in  a tene- 
ment house , in  any  portion  of  an  apartment , any 
part  of  which  is  used  for  living  purposes. 

§ 105.  Owners  of  tenement  [and  dwelling] 
houses  not  to  permit  the  unlawful  use  thereof.  The 
owner  or  agent  of  a tenement-house  [or  dwelling 


70 


house]  shall  not  permit  the  use  thereof  for  the  manu- 
facture, repair,  alteration  or  finishing  of  any  [of  the] 
articles  [mentioned  in  this  article]  contrary  to  [its] 
the  provisions  of  this  chapter.  If  a room  or  apart- 
ment in  such  tenement-house  [or  dwelling  house] 
be  so  unlawfully  used,  the  commissioner  of  labor 
shall  serve  a notice  thereof  upon  such  owner  or 
agent.  Unless  such  owner  or  agent  shall  cause 
such  unlawful  manufacture  to  be  discontinued 
within  ten  days  after  the  service  of  such  notice,  or 
within  fifteen  days  thereafter  institutes  and  faith- 
fully prosecutes  proceedings  for  dispossession  of  the 
occupant  of  a tenement-house,  [or  dwelling  house,] 
who  unlawfully  manufactures,  repairs,  alters  or 
finishes  [such]  any  articles  therein,  he  shall  be 
deemed  guilty  of  a violation  of  this  [article,  ] chapter 
as  if  he,  himself,  was  engaged  in  such  unlawful 
manufacture,  repair,  alteration  or  finishing.  The 
unlawful  manufacture,  repair,  alteration  or  finish- 
ing of  any  [of  such]  articles  by  the  occupant  of  a 
room  or  apartment  of  a tenement-house  [or  dwell- 
ing] shall  be  a cause  for  dispossessing  such  occupant 
by  summary  proceedings  to  recover  possession  of 
real  property,  as  provided  in  the  code  of  civil  pro- 
cedure. 

§ 106.  Factory  permits.  The  owner  of  every  fac- 
tory for  which  any  articles  are  manufactured 
in  any  tenement  house  shall  secure  a permit  there- 
for from  the  commissioner  of  labor  who  shall  issue 
such  permit  to  any  such  owner  applying  therefor. 
Such  permit  may  be  revoked  or  suspended  by  the 
commissioner  of  labor  whenever  any  provision  of 
this  article  or  of  section  seventy  of  this  chapter  is 
violated  in  connection  with  any  work  for  such  fac- 
tory. Such  permit  may  be  reissued  or  reinstated 
in  the  discretion  of  the  commissioner  when  such 
violation  has  ceased.  No  articles  shall  be  manu- 


71 


factured  in  any  tenement  house  for  any  factory  for 
which  no  permit  has  been  issued  or  for  any  fac- 
tory whose  permit  is  suspended  or  revoked.  A 
complete  list  of  all  factories  holding  such 
permits , together  with  the  name  of  the  owner  of 
each  such  factory , the  address  of  the  busi- 
ness and  the  name  under  which  it  is  carried  on, 
and  of  all  tenement  houses  holding  licenses , and  a 
list  of  all  permits  and  licenses  revoked  or  suspended 
shall  be  published  from  time  to  time  by  the  depart- 
ment of  labor. 

Section  2.  This  act  shall  take  effect  October 
first,  nineteen  hundred  and  thirteen. 


bill  no.  14. 

An  Act  to  amend  the  labor  law,  in  relation  to  the 
employment  of  women  in  canning  establish- 
ments. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows  : 

Section  1.  Subdivision  three  of  section  seventy  * 
seven  of  chapter  thirty-six  of  the  laws  of  nineteen 
hundred  and  nine,  entitled  “ An  act  relating  to 
labor,  constituting  chapter  thirty-one  of  the  con- 
solidated laws,”  as  amended  by  chapter  five  hun- 
dred and  thirty-nine  of  the  laws  of  nineteen  hun- 
dred and  twelve,  is  hereby  amended  to  read  as 
follows  : 

3.  No  female  minor  under  the  age  of  twenty- 
one  years  and  no  woman  shall  be  employed  or  per- 
mitted to  work  in  any  factory  in  this  state  [before 
six  o’clock  in  the  morning,  or  after  nine  o’clock  in 
the  evening  of  any  day,  or]  more  than  six  days  or 
fifty-four  hours  in  any  one  week;  nor  for  more  than 


72 


nine  hours  in  any  one  day  except  as  hereinafter 
provided.  No  female  minor  under  the  age  of  twenty- 
one  years  shall  he  employed  or  permitted  to  work  in 
any  factory  in  this  state  before  six  o’clock  in  the 
morning  or  after  nine  o’clock  in  the  evening  of 
any  day. 

Section  2.  Subdivisions  two  and  three  of  section 
seventy-eight  of  such  chapter,  as  amended  by 
chapter  five  hundred  and  thirty-nine  of  the  laws  of 
nineteen  hundred  and  twelve,  are  hereby  amended 
to  read  as  follows  : 

2.  The  provisions  of  subdivision  [s]  two  [and  three] 
of  section  seventy-seven  relating  to  maximum  hours 
shall  not  apply  to  the  employment  of  [women  and] 
male  minors  sixteen  years  of  age  and  upwards  in 
canning  or  preserving  perishable  products  in  fruit 
and  canning  establishments  between  the  fifteenth 
day  of  June  and  the  fifteenth  day  of  October  each 
year. 

3.  A female  eighteen  years  of  age  or  upwards 
may , notwithstanding  the  provisions  of  subdivi- 
sion three  of  section  seventy-seven  of  this  chapter , 
be  employed  in  canning  or  preserving  perishable 
products  in  fruit  and  canning  establishments  be- 
tween the  fifteenth  day  of  June  and  the  fifteenth  day 
of  October  in  each  year  nor  more  than  six  days  or 
sixty  hours  in  any  one  week  nor  more  than  ten  hours 
in  any  one  day  ; and  the  industrial  board  shall  have 
power  to  adopt  rules  and  regulations  permitting  the 
employment  of  women  eighteen  years  of  age  and 
upwards  on  such  work  in  such  establishments  be- 
tween the  twenty-fifth  day  of  June  and  the  fifth  day 
of  August  in  each  year  not  more  than  six  days  nor 
more  than  sixty-six  hours  in  any  one  week  nor 
more  than  twelve  hours  in  any  one  day , if  said 
board  shall  find  that  such  employment  is  required 


73 


by  the  needs  of  such  industry  and  can  be  per- 
mitted without  serious  injury  to  the  health  of  women 
so  employed . The  provisions  of  this  subdivision 
shall  have  no  application  unless  the  daily  hours 
of  labor  shall  be  posted  for  the  information  of 
employees  and  a time  book  in  a form  approved  by 
the  commissioner  of  labor , giving  the  names  and 
addresses  of  all  female  employees  and  the  hours 
of  work  by  each  of  them  in  each  day  shall  be  prop- 
erly and  correctly  kept  and  shall  be  exhibited  to 
him  or  any  of  his  subordinates  promptly  upon  de- 
mand. 

Section  3.  Subdivision  three  of  said  section 
seventy-eight  is  hereby  renumbered  subdivision 
four. 

Section  4.  This  act  shall  take  effect  immediately. 


bill  no.  15. 

An  Act  to  amend  the  labor  law,  in  relation  to  the 
housing  of  factory  employees. 

The  People  of  the  State  of  New  York,  repre- 
sented in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  Chapter  thirty-six  of  the  laws  of  nine- 
teen hundred  and  nine,  entitled  “ An  act  relating 
to  labor,  constituting  chapter  thirty-one  of  the  con- 
solidated laws,”  is  hereby  amended  by  inserting 
therein  after  section  ninety-seven,  a new  section  to 
be  known  as  section  ninety-eight,  to  read  as  follows: 

§98.  Housing  of  factory  employees.  It  shall  be 
the  duty  of  every  employer  in  any  such  factory  to 
maintain  such  living  quarters  and  every  part  thereof 
in  a thoroughly  sanitary  condition.  The  industrial 
board  shall  have  power  to  make  rules  and  regula- 
tions to  provide  for  the  sanitation  of  such  living 
quarters.  The  commissioner  of  labor  may  enter 


74 


and  inspect  any  living  quarters  provided  for  its  em- 
ployees by  any  factory  either  directly  or  through 
any  third  person  by  contract  or  otherwise. 

Section  2.  This  act  shall  take  effect  immediately. 


BILL  NO.  16 

An  Act  to  amend  the  Labor  Law  in  relation  to  the 
physical  examination  of  children  employed  in 
factories  and  cancellation  of  their  employment 
certificates  because  of  physical  unfitness. 

The  People  of  the  State  of  New  York,  repre- 
sented in  Senate  an1  Assembly,  do  enact  as  fol- 
lows : 

Section  1.  Chapter  thirty-six  of  the  laws  of 
nineteen  hundred  and  nine,  entitled  ‘‘An  act  re- 
lating to  labor,  constituting  chapter  thirty-one  of 
the  consolidated  laws,”  is  hereby  amended  by 
inserting  therein,  after  section  seventy-six,  a new 
section,  to  be  section  seventy-six-a,  and  to  read  as 
follows  : 

§76a.  Physical  examination  of  children  in  fac- 
tories; cancellation  of  employment  certificates.  1. 
All  children  between  fourteen  and  sixteen  years  of 
age  employed  in  factories  shall  submit  to  a physical 
examination  whenever  required  by  a medical  in- 
spector of  the  state  department  of  labor.  The  result 
of  all  such  physical  examinations  shall  be  recorded 
on  blanks  furnished  for  that  purpose  by  the  com- 
missioner of  labor,  and  shall  be  kept  on  file  in  such 
office  or  offices  of  the  department  as  the  commis- 
sioner of  labor  may  designate. 

2.  If  any  such  child  shall  fail  to  submit  to 
such  physical  examination,  the  commissioner  of 
labor  may  issue  an  order  cancelling  such  child’s 


75 


employment  certificate.  Such  order  shall  be  served 
upon  the  employer  of  such  child  who  shall  forthwith 
deliver  to  an  authorized  representative  of  the 
department  of  labor  the  child’s  employment  certifi- 
cate. A certified  copy  of  the  order  of  cancellation 
shall  be  served  on  the  board  of  health  or  other  local 
authority  that  issued  the  said  certificate.  No  such 
child  whose  employment  certificate  has  been  can- 
celled, as  aforesaid,  shall,  while  said  cancellation 
remains  unrevoked,  be  permitted  or  suffered  to 
work  in  any  factory  of  the  state  before  it  at- 
tains the  age  of  sixteen  years.  If  thereafter 
such  child  shall  submit  to  the  physical  exam- 
ination required,  the  commissioner  of  labor  may 
issue  an  order  revoking  the  cancellation  of  the 
employment  certificate  and  may  return  the  em- 
ployment certificate  to  such  child.  Copies  of  the 
order  of  revocation  shall  be  served  upon  the  former 
employer  of  the  child  and  the  local  board  of  health 
as  aforesaid. 

3.  If  as  a result  of  the  physical  examination 
made  by  a medical  inspector  it  appears  that  the 
child  is  physically  unfit  to  be  employed  in  a fac- 
tory, such  medical  inspector  shall  forthwith  sub- 
mit a report  to  that  effect  to  the  commissioner  of 
labor  which  shall  be  kept  on  file  in  the  office  of  the 
commissioner  of  labor,  setting  forth  in  detail  his  rea- 
sons therefor,  and  the  commissioner  of  labor  may 
issue  an  order  canceling  the  employment  certificate 
of  such  child.  Such  order  of  cancellation  shall  be 
served,  and  the  child’s  employment  certificate  de- 
livered up,  as  provided  in  subdivision  two  hereof,  and 
no  such  child  while  the  said  order  of  cancellation  re- 
mains unrevoked  shall  be  permitted  or  suffered  to 
work  in  any  factory  of  the  state  before  it  attains  the 
age  of  sixteen  years.  If  upon  a subsequent  physical 
examination  of  the  child  by  a medical  inspector  of 


76 


the  department  of  labor  it  appears  that  the  physical 
infirmities  have  been  removed,  such  medical  in- 
spector shall  certify  to  that  effect  to  the  commis- 
sioner of  labor,  and  the  commissioner  of  labor  may 
thereupon  make  an  order  revoking  the  cancellation 
of  the  employment  certificate  and  may  return  the 
certificate  to  such  child.  The  order  of  revocation 
shall  be  served  in  the  manner  provided  in  subdi- 
vision two  hereof. 

Section  2.  This  act  shall  take  effect  October  first, 
nineteen  hundred  and  thirteen. 


bill  no.  17. 

An  Act  to  amend  the  labor  law,  in  relation  to 
employment  certificates: 

The  People  of  the  State  of  New  York,  repre- 
sented in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  Subdivision  (e)  of  section  one  hun- 
dred and  sixty-three  of  chapter  thirty- six  of  the 
laws  of  nineteen  hundred  and  nine,  entitled  “An 
Act  relating  to  labor,  constituting  chapter  thirty- 
one  of  the  consolidated  laws,”  is  hereby  amended  to 
read  as  follows  : 

(e)  Physicians’  certificates.  In  cities  of  the  first 
class  only,  in  case  application  for  the  issuance  of  an 
employment  certificate  shall  be  made  to  such  officer 
by  a child’s  parent,  guardian  or  custodian  who 
alleges  his  inability  to  produce  any  of  the  evidence 
of  age  specified  in  the  preceding  subdivisions  of 
this  section,  and  if  the  child  is  apparently  at  least 
fourteen  years  of  age,  such  officer  may  receive  and 
file  an  application  signed  by  the  parent,  guardian 
or  custodian  of  such  child  for  physicians’  certifi- 
cates. Such  application  shall  contain  the  alleged 


77 


age,  place  and  date  of  birth,  and  present  residence 
of  such  child,  together  with  such  further  facts  as 
may  be  of  assistance  in  determining  the  age  of  such 
child.  Such  application  shall  be  filed  for  not  less 
than  ninety  days  after  date  of  such  application  for 
such  physicians’  certificates,  for  an  examination  to 
be  made  of  the  statements  contained  therein,  and  in 
case  no  facts  appear  within  such  period  or  by  such 
examination  tending  to  discredit  or  contradict  any 
material  statement  of  such  application,  then 
and  not  otherwise  the  officer  may  direct 
such  child  to  appear  thereafter  for  physical 
examination  before  two  physicians  officially 
designated  by  the  board  of  health,  and  in  case  such 
physicians  shall  certify  in  writing  that  they  have 
separately  examined  such  child  and  that  in  their 
opinion  such  child  is  at  least  fourteen  years  of  age 
such  officer  shall  accept  such  certificates  as  suffi- 
cient proof  of  the  age  of  such  child  for  the 
purposes  of  this  section.  In  case  the  opinions  of 
such  physicians  do  not  concur,  the  child  shall  be 
examined  by  a third  physician  and  the  concurring 
opinions  shall  be  conclusive  for  the  purpose  of 
this  section  as  to  the  age  of  such  child. 

Such  officer  shall  require  the  evidence  of  age  spe- 
cified in  subdivision  (a)  in  preference  to  that  spe- 
cified in  any  subsequent  subdivision  and  shall  not 
accept  the  evidence  of  age  permitted  by  any  subse- 
quent subdivision  unless  he  shall  receive  and  file  in 
addition  thereto  an  affidavit  of  the  parent  showing 
that  no  evidence  of  age  specified  in  any  preceding 
subdivision  or  subdivisions  of  this  section  can  be 
produced.  Such  affidavit  shall  contain  the  age, 
place  and  date  of  birth  and  present  residence  of 
such  child,  which  affidavit  must  be  taken  before  the 
officer  issuing  the  employment  certificate,  who  is 
hereby  authorized  and  required  to  adminster  such 
oath,  and  who  shall  not  demand  or  receive  a fee 


78 


therefor.  Such  employment  certilicate  shall 
not  be  issued  until  such  child  shall  fur- 
ther have  personally  appeared  before  and  been 
examined  by  the  officer  issuing  the  certificate, 
and  until  such  officer  shall,  after  making  such  ex- 
amination, sign  and  file  in  his  office  a statement 
that  the  child  can  read  and  legibly  write  simple 
sentences  in  the  English  language  and  that  in  his 
opinion  the  child  is  fourteen  years  of  age  or  up- 
wards and  has  reached  the  normal  development  of 
a child  of  its  age,  and  is  in  sound  health  and  is 
physically  able  to  perform  the  work  which  it  in- 
tends to  do.  [In  doubtful  cases  such  physical  fit- 
ness shall  be  determined  by  a medical  officer  of  the 
board  or  department  of  health.]  In  every  case , 
before  an  employment  certificate  is  issued , such 
physical  fitness  shall  be  determined  by  a medical 
officer  of  the  department  or  board  of  health , who 
shall  make  a thorough  physical  examination  of  the 
child  and  record  the  result  thereof  on  a blank  to  be 
furnished  for  the  purpose  by  the  commissioner 
of  labor  and  shall  set  forth  thereon  such  facts  con- 
cerning the  physical  condition  and  historyfif  the 
child  as  the  commissioner  of  labor  may  require. 
Every  such  employment  certificate  shall  be  signed 
in  the  presence  of  the  officer  issuing  the  same,  by 
the  child  in  whose  name  it  is  issued. 

Section  2.  Sections  seventy- three  and  one  hun- 
dred and  sixty-five  of  such  chapter  are  hereby 
amended  to  read  as  follows  : 

§73.  School  record,  what  to  contain . The  school 
record  required  by  this  article  shall  be  signed  by 
the  principal  or  chief  executive  officer  of  the  school 
which  such  child  has  attended  and  shall  be  fur- 
nished, on  demand,  to  a child  entitled  thereto  or  to 
the  board,  department  or  commissioner  of  health. 
It  shall  contain  a statement  certifying  that  the 


child  has  regularly  attended  the  public  schools  or 
schools  equivalent  thereto,  or  parochial  schools,  for 
not  less  than  one  hundred  and  thirty  days  durin  g 
the  twelve  months  next  preceding  his  fourteenth 
birthday,  or  during  the  twelve  months  next  preced- 
ing his  application  for  such  school  record  and  si 
able  to  read  and  write  simple  sentences  in  the  Eng- 
lish language,  and  has  received  during  such  period 
instruction  in  reading,  spelling,  writing,  English 
grammar  and  geography  and  is  familiar  with  the 
fundamental  operations  of  arithmetic  up  to  and  in- 
cluding fractions  [.]  and  has  completed  the  work 
prescribed  for  the  first  six  years  of  the  public  ele- 
mentary school  or  school  equivalent  thereto  or 
parochial  school  from  which  such  school  record  is 
issued.  Such  school  record  shall  also  give  the 
date  of  birth  and  residence  of  the  child  as  shown 
on  the  records  of  the  school  and  the  name  of  its 
parent  or  guardian  or  custodian. 

§165.  School  record,  what  to  contain.  The  school 
record  required  by  this  article  shall  be  signed  by 
the  principal  or  chief  executive  officer  of  the  school 
which  such  child  has  attended  and  shall  be  fur- 
nished on  demand  to  a child  entitled  thereto  or  to 
the  board,  department  or  commissioner  of  health. 
It  shall  contain  a statement  certifying  that  the 
child  has  regularly  attended  the  public  schools  or 
schools  equivalent  thereto  or  parochial  schools  for 
not  less  than  one  hundred  and  thirty  days  during 
the  twelve  months  next  preceding  his  fourteenth 
birthday,  or  during  the  twelve  months  next  preced- 
ing his  application  for  such  school  record,  and  is 
able  to  read  and  write  simple  sentences  in  the 
English  language,  has  received  during  such  period 
instruction  in  reading,  spelling,  writing,  English 
grammar  and  geography,  and  is  familiar  with  the 


80 


fundamental  operations  of  arithmetic  up  to  and  in- 
cluding fractions  [.]  and  lias  completed  the  ivork 
prescribed  for  the  first  six  years  of  the  public  ele- 
mentary school  or  school  equivalent  thereto  or 
parochial  school , from  which  such  school  record  is 
issued.  Such  school  record  shall  also  give  the 
date  of  birth  and  residence  of  the  child  as  shown 
on  the  records  of  the  school  and  the  name  of  its 
parent  or  guardian  or  custodian. 

Section  3.  Section  seventy-five  ofsuch  chapter 
is  amended  by  chapter  three  hundred  and  thirty- 
three  of  the  laws  of  nineteen  hundred  and  twelve  is 
hereby  amended  to  read  as  follows  : 

§75,  [Eeport  of  certificates  issued.]  Supervision 
over  issuance  of  certificates.  The  board  or  depart- 
ment of  health  or  health  commissioner  of  a cit 
village  or  town  shall  transmit  between  the  first  and 
tenth  day  of  each  month,  to  the  [office  of  the]  com- 
missioner of  labor,  a list  of  the  names  of  [the)  cdl 
children  to  whom  certificates  have  been  issued  dur- 
ing the  preceding  month  together  with  a duplicate 
of  the  record  of  [the  physical  examination  of  all 
such  children  made  as  hereinbefore  provided] 
every  examination  as  to  physical  fitness , includ- 
ing examinations  resulting  in  rejection. 

In  cities  of  the  first  and  second  class  all  employ- 
ment certificates  and  school  records  required  under 
the  provisions  of  this  chapter  shall  be  in  such 
form  as  shall  be  approved  by  the  commissioner  of 
labor.  In  towns , villages  or  cities  other  than  cities 
of  the  first  or  second  class , the  commissioner  of  labor 
shall  prepare  and  furnish  blank  forms  for  such  em- 
ployment certificates  and  school  records.  No  school 
record  or  employment  certificate  required  by  this 
article , other  than  those  approved  or  furnished  by 
the  commissioner  of  labor  as  above  provided,  shall 


81 


be  used.  The  commissioner  of  labor  shall  inquire 
into  the  administration  and  enforcement  of  the 
provisions  of  this  article  by  all  public  officers 
charged  with  the  duty  of  issuing  employment  certi- 
ficates, and  for  that  purpose  the  commissioner  of 
labor  shall  have  access  to  all  papers  and  records 
required  to  be  kept  by  all  such  officers. 

Section  4.  Such  chapter  is  hereby  amended  by 
inserting  therein,  after  section  one  hundred  and 
sixty-five,  a new  section  to  be  known  as  section  one 
hundred  and  sixty-six  and  to  read  as  follows  : 

§ 166.  Supervision  over  issuance  of  certificates. 
The  board  or  department  of^health  or  health  com- 
missioner of  a city,  village  or  town  shall  transmit 
between  the  first  and  tenth  day  of  each  month  to 
the  commissioner  of  labor  a list  of  the  names  of  all 
children  to  whom  certificates  have  been  issued 
during  the  preceding  month,  together  with  a dupli- 
cate record  of  all  examinations  as  to  physical 
fitness,  including  those  resulting  in  rejection. 

In  cities  of  the  first  and  second  class  all  employ- 
ment certificates  and  school  records  required  under 
the  provisions  of  this  chapter  shall  be  in  such  form 
as  shall  be  approved  by  the  commissioner  of  labor. 
In  towns,  villages  or  cities  other  than  cities  of  the 
first  or  second  class,  the  commissioner  of  labor  shall 
prepare  and  furnish  blank  forms  for  such  employ- 
ment certificates  and  school  records.  No  school  rec- 
ord or  employment  certificate  required  by  this  article 
other  than  those  approved  or  furnished  by  the  com- 
missioner of  labor  as  above  provided  shall  be  used. 
The  commissioner  of  labor  shall  inquire  into  the 
administration  and  enforcement  of  the  provisions  of 
this  article  by  all  public  officers  charged  with  the 
duty  of  issuing  employment  certificates,  and  for 
that  purpose  the  commissioner  of  labor  shall  have 


82 


access  to  all  papers  and  records  required  to  be  kept 
by  all  such  officers. 

Section  5.  This  act  shall  take  effect  October 
first,  nineteen  hundred  and  thirteen. 


BILL  NO.  18. 

An  Act  to  amend  the  educational  law  in  relation  to 
school-record  certificates. 

The  People  of  the  State  of  New  York,  repre- 
sented in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  Subdivision  one  of  section  six  hun- 
dred and  thirty  of  chapter  twenty-one  of  the  laws  of 
nineteen  hundred  and  nine,  entitled  “ An  act  relat- 
ing to  education,  constituting  chapter  sixteen  of 
the  consolidated  laws,”  as  amended  by  chapter  one 
hundred  and  forty  of  the  laws  of  nineteen  hundred 
and  ten,  is  hereby  amended  to  read  as  follows : 

1.  A school-record  certificate  shall  contain  a 
statement  certifying  that  a child  has  regularly 
attended  the  public  schools,  or  schools  equivalent 
thereto,  or  parochial  schools,  for  not  less  than  one 
hundred  and  thirty  days  during  the  twelve  months 
next  preceding  his  fourteenth  birthday  or  during 
the  twelve  months  next  preceding  his  application 
for  such  school  record,  and  that  he  is  able 
to  read  and  write  simple  sentences  in  the  English 
language  and  has  received  during  such  period 
instruction  in  reading,  writing,  spelling,  English 
grammar  and  geography  and  is  familiar  with  the 
fundamental  operations  of  arithmetic  up  to  and  in- 
cluding fractions,  and  has  completed  the  work  pre- 
scribed for  the  first  six  years  of  the  public  ele- 
mentary school , or  school  equivalent  thereto , or 


83 


parochial  school , from  which  such  school  record  is 
issued.  Such  record  shall  also  give  the  date  of 
birth  and  residence  of  the  child,  as  shown  on  the 
school  records,  and  the  name  of  the  child’s  parents, 
guardian  or  custodian. 

Section  2.  This  act  shall  take  effect  October 
first,  nineteen  hundred  and  thirteen. 


bill  no.  19. 

An  Act  to  amend  the  labor  law,  in  relation  to  pro- 
tecting the  health  and  morals  of  females  em- 
ployed in  factories  by  providing  an  adequate 
period  of  rest  at  night. 

The  People  of  the  State  of  New  York,  repre- 
sented in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  Chapter  thirty- six  of  the  laws  of  nine- 
teen hundred  and  nine,  entitled  “ An  Act  relating 
to  labor,  being  chapter  thirty-one  of  the  consoli- 
dated laws”,  is  hereby  amended  by  inserting 
therein,  after  section  ninety- three-a,  a new  section, 
to  be  section  ninety- three-b,  to  read  as  follows  : 

§ 93-b.  Period  of  rest  at  night  for  women.  In 
order  to  protect  the  health  and  morals  of  females 
employed  in  factories  by  providing  an  adequate 
period  of  rest  at  night  no  woman  shall  be  em- 
ployed or  permitted  to  work  in  any  factory  in  this 
state  before  six  o’clock  in  the  morning  or  after 
ten  o’clock  in  the  evening  of  any  day. 

Section  2.  This  act  shall  take  effect  July  first, 
nineteen  hundred  and  thirteen. 


84 


BILL  NO.  20. 

An  Act  to  amend  the  labor  law,  in  relation  to  seats 
in  factories  and  other  establishments  for  female 
employees. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows  ; 

Section  1.  Section  seventeen  of  chapter  thirty- 
six  of  the  laws  of  nineteen  hundred  and  nine,  en- 
titled “ An  act  relating  to  labor,  constituting  chap- 
ter thirty -one  of  the  consolidated  laws,”  is  hereby 
amended  to  read  as  follows  : 

§ IT.  Seats  for  female  employees.  Every  person 
employing  females  in  a factory  or  as  waitresses  in  a 
hotel  or  restaurant  shall  provide  and  maintain  suit- 
able seats,  with  proper  hacks  where  practicable , for 
the  use  of  such  female  employees,  and  permit  the 
use  thereof  by  such  employees  to  such  an  extent  as 
may  be  reasonable  for  the  preservation  of  their 
health.  Where  females  are  engaged  in  work  which 
can  he  properly  performed  in  a sitting  posture,  suit- 
able seats , with  hacks  where  practicable , shall  he 
supplied  in  every  factory  for  the  use  of  all  such 
female  employees  and  permitted  to  he  used  at  such 
work.  The  industrial  hoard  may  make  rules  and 
regulations  prescribing  the  number  and  kind  of 
seats  that  shall  he  provided  and  the  use  thereof. 

Section  2.  This  act  shall  take  effect  October  first, 
nineteen  hundred  and  thirteen. 


85 


BILL  NO.  21. 

An  Act  to  amend  the  labor  law  in  relation  to 
bakeries. 

The  People  of  the  State  of  New  York,  repre- 
sented in  Senate  and  Assembly,  do  enact  as  fol- 
lows : 

Section  1.  Article  eight  of  chapter  thirty-six  of 
the  laws  of  nineteen  hundred  and  nine,  entitled 
u An  act  relating  to  labor,  constituting  chapter 
thirty-one  of  the  consolidated  laws,”  as  amended 
by  chapter  six  hundred  and  thirty-seven  of  the  laws 
of  nineteen  hundred  and  eleven,  is  hereby  amended 
to  read  as  follows  : 


ARTICLE  8. 

Bakeries  and  Confectioneries. 


Section  1 110. 

[Hours  of  labor  in  bakeries  and 
confectioneries.]  Enforcement 
of  article . 

111. 

Definitions. 

112. 

General  requirements. 

113. 

Maintenance. 

113a . 

Prohibited  employment  of  dis- 
eased bakers. 

114. 

Inspection  of  bakeries. 

115. 

Sanitary  certificates. 

116. 

Prohibition  of  future  cellar 
bakeries. 

117. 

Sanitary  code  for  bakeries  and 
confectioneries. 

1 Lochner  vs.  People  of  N.  Y.,  entire  section  held  unconstitu- 
tional (198  U.  S.,  45;  177  N.  Y.,  145). 


86 


§ 110.  [Hours  of  labor  in  bakeries  and  confection- 
eries. No  employee  shall  be  required  or  permitted 
to  work  in  a biscuit,  bread  or  cake  bakery  or  con- 
fectionery establishment  more  than  sixty  hours  in 
any  one  week,  or  more  than  ten  hours  in  any  one 
day,  unless  for  the  purpose  of  making  a shorter 
work  day  on  the  last  day  of  the  week  ; nor  more 
hours  in  any  one  week  than  will  make  an  average 
of  ten  hours  per  day  for  the  number  of  days  during 
such  week  in  which  such  employee  shall  work.] 
Enforcement  of  article.  In  every  city  of  the  first 
class  the  health  department  of  such  city  shall  have 
exclusive  jurisdiction  to  enforce  the  provisions 
of  this  article.  In  the  application  of  any  pro- 
vision of  this  article  to  any  city  of  the  first  class , 
the  words  “ commissioner  of  labor”  or  “ depart- 
ment of  labor  ” shall  be  understood  to  mean  the 
health  department  of  such  city. 

§ 111.  Definitions  All  buildings  [or]  rooms  [,] 
or  places  [except  kitchens  in  hotels  and  private 
residences,]  used  or  occupied  for  the  purpose  of 
making,  preparing  or  baking  bread,  biscuits, 
pastry,  cakes,  doughnuts,  crullers,  noodles,  maca- 
roni or  spaghetti  to  be  sold  or  consumed  on  or  off 
the  premises,  except  kitchens  in  hotels , restaurants , 
boarding  houses  or  private  residences  wherein 
such  products  are  prepared  to  be  used  and  are 
used  exclusively  on  the  premises , shall  for  the  pur- 
pose of  this  [act]  article  be  deemed  bakeries.  The 
commissioner  of  labor  shall  have  the  same  powers 
with  respect  to  the  machinery,  safety  devices  and 
sanitary  conditions  in  hotel  bakeries  that  he  has 
with  respect  thereto  in  bakeries  as  defined  by  this 
chapter.  The  term  cellar  when  used  in  this  article 
shall  mean  a room  or  a part  of  a building  which  is 
more  than  one-half  its  height  below  the  level  of  the 


87 


curb  or  ground  adjoining  the  building  (excluding 
areaway s).  The  term  owner  as  used  in  this  article 
shall  be  construed  to  mean  the  owner  or  owners  of 
the  freehold  of  the  premises,  or  the  lessee  or  joint 
lessees  of  the  whole  thereof,  or  his,  her  or  their 
agent  in  charge  of  the  property.  The  term  occupier 
shall  be  construed  to  mean  the  person,  firm  or  cor- 
poration in  actual  possession  of  the  premises,  who 
either  himself  makes,  prepares  or  bakes  any  of  the 
articles  mentioned  in  this  section,  or  hires  or  em- 
ploys others  to  do  it  for  him.  Bakeries  are  factories 
within  the  meaning  of  this  chapter,  and  subject  to 
all  the  provisions  of  article  six  hereof. 

§ 112.  General  requirements.  All  bakeries  shall  be 
provided  with  proper  and  sufficient  drainage  and  with 
suitable  sinks,  supplied  with  clean  running  water 
for  the  purpose  of  washing  and  keeping  clean  the 
utensils  and  apparatus  used  therein.  All  bakeries 
shall  be  provided  withproper  and  adequate  windows, 
[or]  and  if  [deemed  necessary  by  the  commissioner 
of  labor,]  required  by  the  rules  and  regulations  of 
the  industrial  board , with  ventilating  hoods  and 
pipes  over  ovens  and  ashpits,  or  with  other  me- 
chanical means,  to  so  ventilate  same  as  to  render 
harmless  to  the  persons  working  therein  any  steam, 
gases,  vapors,  dust,  excessive  heat  or  any  impuri- 
ties that  may  be  generated  or  released  by  or  in  the 
process  of  making,  preparing  or  baking  in  said 
bakeries.  Every  bakery  shall  be  at  least  eight 
feet  in  height  measured  from  the  surface  of  the 
finished  floor  to  the  under  side  of  the  ceiling,  and 
shall  have  a flooring  of  even,  smooth  cement,  or  of 
tiles  laid  in  cement,  or  a wooden  floor,  so  laid  and 
constructed  as  to  be  free  from  cracks,  holes  and  in- 
terstices, except  that  any  cellar  or  basement  less 
than  eight  feet  in  height  which  was  used  for  a 


88 


bakery  on  the  second  day  of  May,  eighteen  hundred 
and  ninety-five,  need  not  be  altered  to  conform  to  this 
provision  with  respect  to  height  ; the  side  walls 
and  ceilings  shall  be  either  plastered,  ceiled  or 
wainscoted.  The  furniture,  troughs  and  utensils 
shall  be  so  arranged  and  constructed  as  not  to  pre- 
vent their  cleaning  or  the  cleaning  of  every  part  of 
the  bakery.  Every  bakery  shall  be  provided  with 
a sufficient  number  of  water-closets,  and  such 
water-closets  shall  be  separate  and  apart  from  and 
unconnected  with  the  bakeroom  or  rooms  where 
food  products  are  stored  or  sold. 

§ 118.  Maintenance.  All  floors,  walls,  stairs, 
shelves,  furniture,  utensils,  yards,  areaways,  plumb- 
ing, drains  and  sewers,  in  or  in  connection  with  bak- 
eries, or  in  bakery  water-closets  and  washrooms,  or 
rooms  where  raw  materials  are  stored,  [and]  or  in 
rooms  where  the  manufactured  product  is  stored, 
shall  at  all  times  be  kept  in  good  repair,  and  main- 
tained in  a clean  and  sanitary  condition,  free  from  all 
kinds  of  vermin.  All  interior  woodwork,  walls  and 
ceilings  shall  be  painted  or  limewashed  once  every 
three  months,  where  so  required  by  the  commis- 
sioner of  labor.  Proper  sanitary  receptacles  shall  be 
provided  and  used  for  storing  coal,  ashes,  refuse 
and  garbage.  Receptacles  for  refuse  and  garbage 
shall  have  their  contents  removed  from  bakeries 
daily  and  shall  be  maintained  in  a clean  and 
sanitary  condition  at  all  times;  the  use  of  tobacco 
in  any  form  in  a bakery  or  room  where  raw  ma- 
terials] or  manufactured  product  of  such  bakery  is 
stored  is  prohibited.  No  person  shall  sleep,  or  be 
permitted,  allowed  or  suffered  to  sleep  in  a bakery, 
or  in  [a]  any  room  where  raw  materials  are  stored,] 
or  [in  rooms  where]  the  manufactured  product  of 
such  bakery  is  stored  or  sold,  and  no  domestic 


89 


animals  or  birds,  except  cats  shall  be  allowed  to  re- 
main in  any  such  rooms.  Mechanical  means  of 
ventilation , when  provided , shall  at  all  times  be 
effectively  used  and  operated.  Windows , doors  and 
other  openings  shall  be  provided  with  proper 
screens.  All  employees , while  engaged  in  the 
manufacture  and  handling  of  bread  shall  wear 
slippers  or  shoes  and  suits  of  washable  material 
which  shall  be  used  for  that  purpose  only  and  such 
garments  shall  be  kept  clean  at  all  times.  Lockers 
shall  be  provided  for  the  street  clothes  of  the  em- 
ployees. 

§ 113-a.  Prohibited  employment  of  diseased 
bakers.  No  person  who  has  any  communicable 
disease  shall  work  or  be  permitted  to  work  in  a 
bakery.  Whenever  required  by  a medical  in- 
spector of  the  department  of  labor , any  person  em- 
ployed in  a bakery  shall  submit  to  a physical  ex- 
amination by  such  inspector.  No  person  who  re- 
fuses to  submit  to  such  examination  shall  work  or 
be  permitted  to  work  in  any  bakery. 

§114.  Inspection  of  bakeries.  It  shall  be  the 
duty  of  the  owner  of  a building  wherein  a bakery 
is  located  to  comply  with  all  the  provisions  of  sec- 
tion one  hundred  and  twelve  of  this  article,  and  of 
the  occupier  to  comply  with  all  the  provisions  of 
section  one  hundred  and  thirteen  of  this  article, 
unless  by  the  terms  of  a valid  lease  the  responsi- 
bility for  compliance  therewith  has  been  under- 
taken by  the  other  party  to  the  lease,  and  a 
duplicate  original  lease,  containing  such  obligation, 
shall  have  been  previously  filed  in  the  office  of  the 
commissioner  of  labor,  in  which  event  the  party 
assuming  the  responsibility  shall  be  responsible  for 
such  compliance.  [The  commissioner  of  labor  may, 
in  his  discretion,  apply  any  or  all  of  the  provisions 


90 


of  this  article  to  a factory  located  in  a cellar 
wherein  any  food  product  is  manufactured,  pro- 
vided that  basements  or  cellars  used  as  confec- 
tionery or  ice-cream  manufacturing  shops  shall 
not  be  required  to  conform  to  the  requirement 
as  to  height  of  rooms.  Such  establishments 
shall  be  not  less  than  seven  feet  in  height, 
except  that  any  cellar  or  basement  so  used 
before  October  first,  nineteen  hundred  and  six, 
which  is  more  than  six  feet  in  height  need 
not  be  altered  to  conform  to  this  provi- 
sion.] If  on  inspection  the  commissioner  of 
labor  find  a bakery  or  any  part  thereof  to  be  so  un- 
clean, ill-drained  or  ill -ventilated  as  to  be  unsani- 
tary, he  may,  after  not  less  than  forty-eight  hours’ 
notice  in  writing,  to  be  served  by  affixing  the  notice 
on  the  inside  of  the  main  entrance  door  of  said 
bakery,  order  the  person  found  in  charge  thereof 
immediately  to  cease  operating  it  until  it  shall  be 
properly  cleaned,  drained  or  ventilated.  If  such 
bakery  be  thereupon  continued  in  operation  or  be 
thereafter  operated  before  it  be  properly  cleaned, 
drained  or  ventilated,  the  commissioner  of  labor 
may,  after  first  making  and  filing  in  the  public 
records  of  his  office  a written  order  stating  the  rea- 
sons therefor,  at  once  and  without  further  notice 
fasten  up  and  seal  the  oven  or  other  cooking  ap- 
paratus of  said  bakery,  and  affix  to  all  materials, 
receptacles,  tools  and  instruments  found  therein, 
labels  or  conspicuous  signs  bearing  the  word  1 ‘ un- 
clean.” No  one  but  the  commissioner  of  labor 
shall  remove  any  such  seal,  label  or  sign,  and  he 
may  refuse  to  remove  it  until  such  bakery  be  prop- 
erly cleaned,  drained  or  ventilated. 

§ 115.  Sanitary  certificates.  1.  No  person , firm 
or  corporation  shall  establish , maintain  or  operate 


91 


a bakery  without  obtaining  a sanitary  certificate 
from  the  department  of  labor.  Application  for 
such  certificate  shall  be  made  to  the  commissioner 
of  labor  by  the  occupier  of  the  bakery  or  by  the 
person , firm  or  corporation  desiring  to  establish  or 
conduct  such  bakery.  The  application  for  a sani- 
tary certificate  shall  be  made  in  such  form  and 
shall  contain  such  information  as  the  commissioner 
of  labor  may  require.  Blank  applications  for  such 
certificate  shall  be  prepared  and  furnished  by  the 
commissioner  of  labor. 

2.  Upon  the  receipt  of  such  application  for  a 
sanitary  certificate , the  commissioner  of  labor  shall 
cause  an  inspection  to  be  made  of  the  building , 
room  or  place  described  in  the  application.  If 
the  bakery  conforms  to  the  provisions  of  articles 
six  and  eight  of  this  chapter  and  the  rules  and 
regulations  of  the  industrial  board , the  commis- 
sioner of  labor  shall  issue  a sanitary  certifi- 
cate for  such  bakery.  Such  certificate  shall  be 
for  a period  of  one  year  and  shall  be  renewed  an- 
nually by  the  commissioner  of  labor  if  upon  a re- 
inspection of  the  bakery  it  is  found  to  comply  with 
the  provisions  of  articles  six  and  eight  of  this 
chapter  and  the  rules  and  regulations  of  the 
industrial  board.  Every  certificate  granted  under 
the  provisions  of  this  chapter  shall  be  posted 
in  a conspicuous  place  in  the  bakery  for  ivhich 
such  certificate  is  issued. 

3.  Such  certificate  may  be  revoked  at  any  time 
by  the  commissioner  of  labor  if  the  health  of  the 
community  or  of  the  employees  of  the  bakery  re- 
quire such  action,  or  if  an  order  of  the  depart- 
ment issued  under  the  provisions  of  this  chapter 
be  not  complied  with  within  fifteen  days  after  the 
service  thereof  upon  the  person,  firm  or  corporation 


92 


charged  with  the  duty  of  complying  with  such 
order.  The  time  for  such  compliance  may  be  ex- 
tended by  the  commissioner  of  labor  for  good  cause 
shown , but  a statement  of  the  reasons  for  such  ex- 
tension shall  be  filed  in  the  office  of  the  department 
of  labor  as  part  of  the  public  records  thereof. 
Nothing  contained  in  this  subdivision  shall  be 
construed  to  limit  in  any  way  the  power  of  the 
commissioner  of  labor  to  seal  up  an  unsanitary 
bakery  as  provided  in  section  one  hundred  and 
fourteen  of  this  chapter. 

J*.  If  an  application  for  a sanitary  certificate  be 
denied  or  if  such  certificate  be  revoked  by  the  com- 
missioner of  labor , he  shall  file  in  the  office  of  the 
department  of  labor  as  part  of  the  public  records 
thereof , a statement  in  writing  setting  forth  in 
detail  the  reasons  for  such  denial  or  revocation. 

5.  Applications  for  sanitary  certificates  for  exist- 
ing bakeries  shall  be  made  within  sixty  days  after 
this  act  takes  effect , and  no  such  bakery  shall  be 
conducted  or  operated  without  a sanitary  certificate 
from  the  department  of  labor  after  the  first  day  of 
October , nineteen  hundred  and  thirteen.  In  the 
case  of  bakeries  hereafter  established , the  applica- 
tion for  a sanitary  certificate  shall  be  made  within 
ten  days  after  such  bakery  shall  commence  busi- 
ness?,  and  no  such  bakery  shall  be  conducted  or 
operated  without  a sanitary  certificate  for  more  than 
thirty  days  after  commencing  business. 

6.  If  a bakery  has  no  sanitary  certificate  as 
herein  required  or  if  such  certificate  has  been  re- 
voked, the  commissioner  of  labor  shall , after  first 
making  and  filing  in  the  public  records  of  his 
office  a written  order  stating  the  reasons  therefor , 
at  once  and  without  further  notice  fasten  up  and 
seal  the  oven  or  other  cooking  apparatus  of  said 


93 


bakery.  No  one  but  the  commissioner  of  labor 
shall  remove  any  such  seal , and  he  shall  not  remove 
same  until  a sanitary  certificate  has  been  issued  to 
such  bakery. 

$116.  Prohibition  of  future  cellar  bakeries.  No 
bakery  shall  hereafter  be  located  in  a cellar , and  a 
sanitary  certificate  shall  not  be  issued  for  any  bak- 
ery so  located.  This  prohibition  shall  not  apply  to 
a cellar  used  and  operated  as  a bakery  on  the  fif- 
teenth day  of  January , nineteen  hundred  and  thir- 
teen, or  that  was  so  used  or  operated  at  any  time 
within  one  year  prior  thereto , provided  that  satis- 
factory proof  of  its  use  as  a bakery  as  herein  spe- 
cified be  furnished  to  the  commissioner  of  labor  in 
such  form  as  he  may  require  within  six  months  af- 
ter this  act  shall  take  effect . Upon  receipt  of  such 
proof  the  commissioner  of  labor  shall  issue  to  the 
owner  of  the  building  in  which  such  cellar  is  located, 
a certificate  of  exemption.  This  section  shall  not 
prevent  the  local  health  authorities  in  any  city  of 
the  first  class  from  exercising  any  power  of  regula- 
tion now  vested  in  them. 

$117.  Sanitary  code  for  bakeries  and  confec- 
tioneries. All  factories  wherein  any  food  prod- 
uct is  manufactured  shall  be  kept  in  a thoroughly 
sanitary  condition  and  shall  be  properly  lighted 
and  ventilated,  and  all  necessary  methods  shall  be 
employed  to  protect  the  food  product  prepared 
therein  from  contamination.  The  industrial  board 
may  adopt  rules  and  regulations  for  carrying  into 
effect  the  provisions  of  this  article.  Such  rules 
and  regulations  shall  be  known  as  the  sanitary  code 
for  bakeries  and  confectioneries  and  shall  not 
apply  to  cities  of  the  first  class. 

Section  %.  This  act  shall  take  effect  October 
first , nineteen  hundred  and  thirteen. 


94 


BILL  NO.  22. 

An  Act  to  amend  the  Labor  Law,  in  relation  to 
cleanliness  of  workrooms  in  factories. 

The  People  of  the  State  of  New  Nork,  repre- 
sented in  Senate  and  Assembly,  do  enact  as  follows : 

Section  1.  Section  eighty-four  of  chapter  thirty- 
six  of  the  laws  of  nineteen  hundred  and  nine,  en- 
titled ‘ £ An  act  relating  to  labor,  constituting  chap- 
ter thirty-one  of  the  consolidated  laws,”  as  amended 
by  chapter  one  hundred  and  fourteen  of  the  laws  of 
nineteen  hundred  and  ten,  is  hereby  amended  to 
read  as  follows: 

§84.  [Walls,  ceilings,  floors  and  freceptacles.  ] 
Cleanliness  of  rooms.  Every  room  in  a factory 
and  the  floors , walls , ceilings , windows  and  every 
other  part  thereof  and  all  fixtures  therein  shall  at 
all  times  be  kept  in  a clean  and  sanitary  condition. 
The  walls  and  ceilings  in  each  [work]  room  [in  a 
factory]  shall  be  lime  washed  or  painted,  except 
when  properly  tiled  or  covered  with  slate  or  mar- 
ble with  a finished  surface  [when  in  the  opinion  of 
the  commissioner  of  labor,  it  will  be  conducive  to 
the  health  or  cleanliness  of  the  persons  working 
therein].  Such  lime  wash  or  paint  shall  be  re- 
newed whenever  necessary  as  may  be  required  by 
the  commissioner  of  labor.  Floors  shall,  at  all 
times , be  maintained  in  a safe  condition  [and  shall 
be  kept  clean  and  sanitary  at  all  times].  No  person 
shall  spit  or  expectorate  upon  the  walls,  floors  or 
stairs  of  any  building  used  in  whole  or  in  part  for 
factory  purposes.  Sanitary  cuspidors  shall  be  pro- 
vided [in  the  discretion  of  the  commissioner  of 
labor],  in  every  workroom  in  a factory  in  [such] 
sufficient  numbers  [as  the  commissioner  of  labor 


95 


may  determine].  Such  cuspidors  shall  be  thor- 
oughly cleaned  daily.  Suitable  receptacles  shall  be 
provided  and  used  for  the  storage  of  waste  and 
refuse;  such  receptacles  shall  be  maintained  in  a 
sanitary  condition. 

Section  2.  This  act  shall  take  effect  October 
first,  nineteen  hundred  and  thirteen. 


BILL  no.  23. 

An  Act  to  amend  the  labor  law,  in  relation  to  the 
clean,  sanitary  and  safe  condition  of  factory 
buildings. 

The  People  of  the  State  of  New  York,  repre- 
sented in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  Article  six  of  chapter  thirty-six  of  the 
laws  of  nineteen  hundred  and  nine,  entitled  “ An 
act  relating  to  labor,  constituting  chapter  thirty- 
one  of  the  consolidated  laws,”  is  hereby  amended 
by  inserting  after  section  eighty- four,  a new  sec- 
tion, to  be  section  eighty-four-a,  to  read  as  follows: 

§ 84-a.  Cleanliness  of  factory  buildings.  Every 
part  of  a factory  building  and  of  the  premises 
thereof  and  the  yards,  courts,  passages,  areas  or 
alleys  connected  with  or  belonging  to  the  same, 
shall  be  kept  clean,  and  shall  be  kept  free  from 
any  accumulation  of  dirt,  filth,  rubbish  or  garbage 
in  or  on  the  same.  The  roof,  passages,  stairs, 
halls,  basements,  cellars,  privies,  waterclosets, 
cesspools,  drains  and  all  other  parts  of  such 
building  and  the  premises  thereof  shall  at  all 
times  be  kept  in  a clean,  sanitary  and  safe  con- 
dition. The  entire  building  and  premises  shall  be 


96 


well  drained  and  the  plumbing  thereof  at  all  times 
kept  in  a clean  and  sanitary  condition. 

Section  2.  This  act  shall  take  effect  October 
first,  nineteen  hundred  and  thirteen. 


bill  no.  24. 

An  Act  to  amend  the  labor  law  in  relation  to  ven- 
tilation in  factories  and  the  removal  of  impuri- 
ties and  of  excessive  heat  therein. 

The  People  of  the  State  of  New  York,  rep- 
presented  in  Senate  and  Assembly,  do  enact  as 
follows: 

Section  1.  Section  eighty-six  of  chapter  thirty- 
six  of  the  laws  of  nineteen  hundred  and  nine, 
entitled  ‘ ‘ An  act  relating  to  labor,  constituting 
chapter  thirty-one  of  the  consolidated  laws,”  is 
hereby  amended  to  read  as  follows: 

§86.  Ventilation.  1.  The  owner,  agent  or  lessee 
of  [a]  every  factory  shall  provide,  in  each  work-room 
thereof,  proper  and  sufficient  means  of  ventilation 
by  natural  or  mechanical  means  or  both , as  may  be 
necessary , and  shall  maintain  proper  and  sufficient 
ventilation  and  proper  degrees  of  temperature  and 
humidity  in  every  workroom  thereof  at  all  times 
during  working  hours , [ ; if  excessive  heat  be 

created  or  if  steam,  gases,  vapors,  dust  or  other 
impurities  that  may  be  injurious  to  health  be  gen- 
erated in  the  course  of  the  manufacturing  process 
carried  on  therein  the  room  must  be  ventilated  in 
such  a manner  as  to  render  them  harmless,  so  far 
as  is  practicable  ; in  case  of  failure  the  commis- 
sioner of  labor  shall  order  such  ventilation  to  be 


97 


provided.  Such  owner,  agent  or  lessee  shall  pro- 
vide such  ventilation  within  twenty  days  after  the 
service  upon  him  of  such  order,  and  in  case  of 
failure,  shall  forfeit  to  the  people  of  the  state,  ten 
dollars  for  each  day  after  the  expiration  of  such 
twenty  days,  to  be  recovered  by  the  commissioner 
of  labor.] 

2.  If  dust , gases , fumes , vapors , fibers  or  other 
impurities  are  generated  or  released  in  the  course  of 
the  business  carried  on  in  any  workroom  of  a fac- 
tory, in  quantities  tending  to  injure  the  health  of  the 
operatives , the  person  operating  the  factory , whether 
as  owner  or  lessee  of  the  whole  or  of  apart  of  the  build- 
ing in  which  the  same  is  situated , or  otherwise , shall 
provide  suction  devices  that  shall  remove  said  im- 
purities from  the  workroom , at  their  point  of  origin 
where  practicable,  by  means  of  proper  hoods  con- 
nected to  conduits  and  exhaust  fans  of  sufficient 
capacity  to  remove  such  impurities , and  such  fans 
shall  be  kept  running  constantly  while  such  impuri- 
ties are  being  generated  or  released.  If,  owing  to 
the  nature  of  the  manufacturing  process  carried  on 
in  a factory  workroom,  excessive  heat  be  created 
therein  the  person  or  persons  operating  the  factory 
as  aforesaid  shall  provide,  maintain,  use  and 
operate  such  special  means  or  appliances  as  may 
be  required  to  reduce  such  excessive  heat. 

3.  The  industrial  board  shall  have  power  to 
make  rules  and  regulations  not  inconsistent  with 
the  provisions  of  this  chapter  regulating  ventila- 
tion, temperature  and  humidity  in  factories  and 
the  special  means , if  any,  required  for  removing 
impurities  or  for  reducing  excessive  heat,  and  the 
machinery,  apparatus  or  appliances  to  be  used  for 
any  of  said  purposes,  and  the  construction,  equip- 
ment, maintenance  and  operation  thereof,  in  order 
to  effectuate  the  purposes  of  this  section. 


4.  If  any  requirement  of  this  section  or  any  rule 
or  regulation  of  the  industrial  board  made  under  the 
provisions  thereof  shall  not  be  complied  with , the 
commissioner  of  labor  shall  issue  or  cause  to  be  issued 
an  order  directing  compliance  therewith  by  the  person, 
whose  duty  it  is  to  comply  therewith  within  thirty 
days  after  the  service  of  such  order.  Such  person 
shall , in  case  of  failure  to  comply  with  the  require- 
ments of  such  order , forfeit  to  the  people  of  the  state 
fifteen  dollars  for  each  day  during  which  such  failure 
shall  continue  after  the  expiration  of  such  thirty 
days , to  be  recovered  by  the  commissioner  of  labor. 
The  liability  to  such  penalty  shall  be  in  addition  to 
the  liability  of  such  person  to  prosecution  for  a mis- 
demeanor as  provided  by  section  twelve  hundred  and 
seventy-five  of  the  penal  law. 

5.  Before  providing  any  machinery  or  apparatus 
for  any  of  the  purposes  specified  in  this  section  the 
person  providing  the  same  shall  file  with  the  commis- 
sioner of  labor  plans  and  specifications  and  shall 
obtain  the  approval  of  such  plans  and  specifications 
by  the  commissioner  of  labor  before  providing  the 
same. 

Section  2.  This  act  shall  take  effect  October 
first,  nineteen  hundred  and  thirteen. 


bill  no.  25. 

An  Act  to  amend  the  labor  law,  in  relation  to 
washrooms,  dressing  rooms  and  water  closets  in 
factories. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows  : 

Section  1.  Section  eighty-eight  of  chapter  thirty- 


90 


six  of  the  laws  of  nineteen  hundred  and  nine,  en- 
titled ‘‘An  Act  relating  to  labor,  constituting 
chapter  thirty-one  of  the  consolidated  laws,”  as 
amended  by  chapter  three  hundred  and  thirty- six 
of  the  laws  of  nineteen  hundred  and  twelve,  is 
hereby  amended  to  read  as  follows  : 

§ 88.  Drinking  water,  washrooms  and  dressing 
rooms  [and  water  closets].  1.  In  every  factory 
there  shall  be  provided  at  all  times  for  the  use  of 
employees,  a sufficient  supply  of  clean  and  pure 
drinking  water.  Such  water  shall  be  supplied 
through  proper  pipe  connections  with  water  mains 
through  which  is  conveyed  the  water  used 
for  domestic  purposes,  or,  from  a spring  or 
well  or  body  of  pure  water  ; if  such  drinking  water 
be  placed  in  receptacles  in  the  factory,  such  recep- 
tacles shall  be  properly  covered  to  prevent  contami- 
nation and  shall  be  thoroughly  cleaned  at  frequent 
intervals. 

0.  In  every  factory  there  shall  be  provided  and 
maintained  for  the  use  of  employees  suitable  and 
convenient  washrooms,  separate  for  each  sex , ade- 
quately equipped  with  [sinks  and  proper  water 
service  ; and]  washing  facilities  consisting  of  sinks 
or  stationary  basins  provided  with  running  ivater 
or  ivitli  tanks  holding  an  adequate  supply  of 
clean  water.  Every  ivashroom  shall  be  provided 
with  means  for  artificial  illumination  and  with 
adequate  means  of  ventilation.  All  washrooms 
and  ivashing  facilities  shall  be  constructed , 
lighted , ventilated , arranged  and  maintained 
according  to  rules  and  regidations  adopted  with 
reference  thereto  by  the  industrial  board,  [i] 
In  all  factories  where  lead,  arsenic  or  other 
poisonous  substances  or  injurious  or  noxious 
fumes,  dust  or  gases  are  present  as  an  incident  or 


100 


result  of  the  business  or  processes  conducted  by 
such  factory  there  shall  be  provided  washing  facili- 
ties which  shall  include  hot  water  and  soap  and 
individual  towels. 

3.  Where  females  are  employed,  dressing  or 
emergency  rooms  shall  be  provided  for  their  use; 
each  such  room  shall  have  at  least  one  window 
opening  to  the  outer  air  and  shall  be  enclosed  by 
means  of  solid  partitions  or  walls.  [In  brass  and 
iron  foundries  suitable  provisions  shall  be  made  and 
maintained  for  drying  the  working  clothes  of  per- 
sons employed  therein.  In  every  factory  there  shall 
be  provided  suitable  and  convenient  water  closets 
for  each  sex,  in  such  number  as  the  commissioner 
of  labor  may  determine.  Such  water  closets  shall  be 
properly  screened,  lighted,  ventilated  and  kept  clean 
and  sanitary;  the  enclosure  of  each  closet  shall  be  kept 
clean  and  sanitary  and  free  from  all  obscene  writing 
or  marking.  The  water  closets  used  by  females 
shall  be  entirely  separated  from  those  used  by 
males  and  the  entrances  thereto  shall  be  effectively 
screened.  The  water  closets  shall  be  maintained 
inside  the  factory  whenever  practicable  and  in  all 
cases,  when  required  by  the  commissioner  of  labor]. 
In  every  factory  in  which  more  than  ten  women  are 
employed , there  shall  be  provided  one  or  more  sep- 
arate dressing  rooms  in  such  numbers  as  required 
by  the  rules  and  regulations  of  the  industrial  board 
and  located  in  such  place  or  places  as  required  by 
such  rides  and  regulations , having  an  adequate  floor 
space  in  proportion  to  the  number  of  employees , to 
be  fixed  by  the  rules  and  regulations  of  the  indus- 
trial board , but  the  floor  space  of  every  such  dress- 
ing room  shall  in  no  event  be  less  than  sixty  square 
feet ; each  dressing  room  shall  be  completely 
separated  from  any  water  closet  compartment 


101 


and  shall  he  provided  with  adequate  means  for 
artificial  illumination;  each  dressing  room  shall 
he  provided  with  suitable  means  for  hanging  clothes 
and  with  a suitable  number  of  seats.  All  dressing 
rooms  shall  be  enclosed  by  means  of  solid  parti- 
tions or  walls , and  shall  be  constructed , ventilated , 
lighted  and  maintained  in  accordance  with  such 
rules  and  regulations  as  may  be  adopted  by  the 
industrial  board  ivith  reference  thereto. 

Section  2.  Such  chapter  is  hereby  amended  by 
inserting  after  section  eighty-eight  a new  section, 
to  be  section  eighty-eight-a,  to  read  as  follows: 

§ 88-a  Water  closets.  1.  In  every  factory  there 
shall  be  provided  suitable  and  convenient  water 
closets  separate  for  each  sex,  located  in  such  place 
or  places  as  required  by  the  rules  and  regulations 
of  the  industrial  board,  and  at  least  one  water- 
closet  shall  be  provided  for  every  twenty-five  per- 
sons or  fraction  thereof  employed  in  such  factory. 
All  water  closets  shall  be  maintained  inside  the 
factory  except  where,  in  the  opinion  of  the  com- 
missioner of  labor,  it  is  impracticable  to  do  so. 

2.  There  shall  be  separate  water  closet  compart- 
ments for  females,  to  be  used  by  them  exclusively, 
and  notice  to  that  effect  shall  be  painted  on  the 
outside  of  such  compartments.  The  entrance  to 
every  water  closet  used  by  females  shall  be  effec- 
tively screened  by  a partition  or  vestibule.  Where 
water  closets  for  males  and  females  are  in  adjoining 
compartments,  there  shall  be  solid  plastered  parti- 
tions between  the  compartments  extending  from  the 
floor  to  the  ceiling.  Whenever  any  water  closet 
compartments  open  directly  into  the  workroom  ex- 
posing the  interior,  they  shall  be  screened  from 
view  by  a partition  or  a vestibule.  The  use  of  cur- 
tains for  screening  purposes  is  prohibited. 


102 


3.  The  use  of  any  form  of  trough  water  closet, 
latrine  or  school  sink  within  any  factory  is  prohibited. 
All  such  trough  water  closets,  latrines  or  school 
sinks  shall,  before  the  first  of  October,  nineteen 
hundred  and  fourteen,  be  completely  removed  and 
the  place  where  they  were  located  properly  disin- 
fected under  the  direction  of  the  department  of 
labor.  Such  appliances  shall  be  replaced  by  proper 
individual  water  closets,  placed  in  water  closet  com- 
partments, all  of  which  shall  be  constructed  and  in- 
stalled in  accordance  with  rules  and  regulations 
to  be  adopted  by  the  industrial  board. 

4.  Every  existing  water  closet  and  urinal  inside 
any  factory  shall  have  a basin  of  enamelled  iron  or 
earthenware,  and  shall  be  flushed  from  a separate 
water-supplied  cistern  or  through  a flushometer 
valve  connected  in  such  manner  as  to  keep 
the  water  supply  of  the  factory  free  from 
contamination.  All  woodwork  enclosing  water 
closet  fixtures  shall  be  removed  from  the  front  of 
the  closet  and  the  space  underneath  the  seat  shall 
be  left  open.  The  floor  or  other  surface  beneath 
and  around  the  closet  shall  be  maintained  in  good 
order  and  repair  and  all  the  woodwork  shall  be 
kept  well  painted  with  a light  color  paint.  All 
existing  water  closet  compartments  shall  have 
windows  leading  to  the  outer  air  and  shall  be  other- 
wise ventilated  in  accordance  with  rules  and 
regulations  adopted  for  that  purpose  by  the  in- 
dustrial board.  Such  compartments  shall  be  pro- 
vided with  means  for  artificial  illumination  and 
the  enclosure  of  each  compartment  shall  be  kept 
free  from  all  obscene  writing  or  marking. 

5.  All  water  closets,  urinals  and  water  closet 
compartments  hereafter  installed  in  a factory,  in- 
cluding those  provided  to  replace  existing  fixtures, 


103 


shall  be  properly  constructed,  installed,  ventilated, 
lighted  and  maintained  in  accordance  with  such 
rules  and  regulations  as  may  be  adopted  by  the  in- 
dustrial board. 

6.  All  water  closet  compartments,  and  the  floors, 
walls,  ceilings  and  surface  thereof,  and  all  fixtures 
therein,  and  all  water  closets  and  urinals  shall  at 
all  times  he  kept  and  maintained  in  a clean  and 
sanitary  condition.  Where  the  water  supply  to 
water  closets  or  urinals  is  liable  to  freeze,  the 
water  closet  compartment  shall  be  properly  heated 
so  as  to  prevent  freezing,  or  the  supply  and  flush 
pipes,  cisterns  and  traps  and  valves  shall  be  effect- 
ively covered  with  wool  felt  or  hair  felt,  or  other  ade- 
quate covering. 

7.  All  water  closets  shall  be  constructed,  lighted, 
ventilated,  arranged  and  maintained  according  to 
rules  and  regulations  adopted  with  reference  thereto 
by  the  industrial  board. 

§ 3.  This  act  shall  take  effect  October  first,  nine- 
teen hundred  and  thirteen. 


BILL  NO.  26. 

An  Act  to  amend  the  labor  law,  in  relation  to  the 
protection  of  employees  operating  machinery, 
dust  creating  machinery,  and  the  lighting  of 
factories  and  workrooms. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  Section  eighty-one  of  chapter  thirty- 
six  of  the  laws  of  nineteen  hundred  and  nine,  entitled 
“An  Act  relating  to  labor,  constituting  chapter 


104 


thirty-one  of  the  consolidated  laws,”  as  amended 
by  chapter  one  hundred  and  six  of  the  laws  of 
nineteen  hundred  and  ten,  is  hereby  amended  to 
read  as  follows: 

§81.  Protection  of  employees  operating  machinery ; 
dust  creating  machinery ; lighting  of  factories  and 
workrooms.  1.  The  owner  or  person  in  charge  of 
a factory  where  machinery  is  used  shall  provide, 
[in  the  discretion  of  the  commissioner  of  labor)  as 
may  he  required  by  the  rules  and  regulations  of  the 
industrial  hoard , belt  shifters  or  other  mechanical 
contrivances  for  the  purpose  of  throwing  on  or  off 
belts  on  pulleys.  Whenever  practicable,  all  machi- 
nery shall  be  provided  with  loose  pulleys.  [All 
vats,  pans,  saws,  planers,  cogs,  gearing, 
belting,  shafting,  set-screws  and  machi- 
nery, of  every  description,  shall  be  properly 
guarded.]  Every  vat  and  pan  wherever  set  so 
that  the  opening  or  top  thereof  is  at  a lower  level 
than  the  elboiv  of  the  operator  or  operators  at  work 
about  the  same  shall  he  protected  hy  a cover  which 
shall  he  maintained  over  the  same  while  in  use  in 
such  manner  as  effectually  to  prevent  such  opera- 
tors or  other  persons  falling  therein  or  coming  in 
contact  with  the  contents  thereof,  except  that 
where  it  is  necessary  to  remove  such  cover 
while  any  such  vat  or  pan  is  in  use , such 
vat  or  pan  shall  he  protected  hy  an  ade- 
quate railing  around  the  same.  Every  hydro- 
extractor  shall  he  covered  or  otherwise  properly 
guarded,  while  in  motion.  Every  saw  shall  he  pro- 
vided with  a proper  and  effective  guard.  Every 
planer  shall  he  protected  hy  a substantial  hood  or 
covering.  Every  hand-plane  or  jointer  shall  he 
provided  toith  a proper  and  effective  guard.  All 
cogs  and  gearing  shall  he  boxed  or  cased  either 


105 


with  metal  or  tvood.  All  belting  within  seven  feet 
of  the  floors  shall  be  properly  guarded.  All  re- 
volving shafting  within  seven  feet  of  the  floors 
shall  be  protected  on  its  exposed  surface  by  being 
encased  in  such  a manner  as  to  effectively  pre- 
vent any  part  of  the  body , hair  or  clothing  of 
the  operators  or  other  persons  from  coming  in 
contact  ivith  such  shafting.  All  set-screws , keys, 
bolts  and  all  parts  projecting  beyond  the  sur- 
face of  revolving  shafting  shall  be  countersunk 
or  provided  with  suitable  covering,  and  machinery 
of  every  description  shall  be  properly  guarded 
and  provided  with  proper  safety  appliances  or 
devices.  All  machines , machinery,  apparatus, 
furniture  and  fixtures  shall  be  so  placed  and 
guarded  in  relation  to  one  another  as  to  be  safe 
for  all  persons.  Whenever  any  danger  exists 
which  requires  any  special  care  as  to  the  charac- 
ter and  condition  of  the  clothing  of  the  persons 
employed  thereabouts , or  which  requires  the 
use  of  special  clothing  or  guards,  the  in- 
dustrial board  may  make  rules  and  regulations 
prescribing  what  shall  be  used  or  worn  for  the  pur- 
pose of  guarding  against  such  danger  and  regulat- 
ing the  provision,  maintenance  and  use  thereof 
No  person  shall  remove  or  make  ineffective  any 
safeguard  or  safety  appliance  or  device  around  or 
attached  to  machinery,  vats  or  pans,  [while  the 
same  are  in  use]  unless  for  the  purpose  of  im- 
mediately making  repairs  thereto  or  adjustment 
thereof,  [and  all  such  safeguards  so  removed  shall 
be  promptly  replaced]  and  any  person  who  re- 
moves or  makes  ineffective  any  such  safeguard, 
safety  appliance  or  device  for  a permitted  purpose 
shall  immediately  replace  the  same  when  such 
purpose  is  accomplished.  It  shall  be  the  duty 


106 


of  the  employer  and  of  every  person  exercising 
direction  or  control  over  the  person  who  re- 
moves such  safeguard,  safety  appliance  or  device, 
or  over  any  person  for  whose  protection  it  is 
designed  to  see  that  a safeguard  or  safety  appliance 
or  device  that  has  been  removed  is  promptly  and 
properly  replaced.  All  fencing,  safeguards,  safety 
appliances  and  devices  must  be  constantly  main- 
tained in  proper  condition.  [If]  When  in  the 
opinion  of  the  commissioner  of  labor  a machine  or 
any  part  thereof  is  in  a dangerous  condition  or  is 
not  properly  guarded  or  is  dangerously  placed , the 
use  thereof  [may]  shall  be  prohibited  by  the  com- 
missioner of  labor  and  a notice  to  that  effect  shall 
be  attached  thereto.  Such  notice  shall  not  be  re- 
moved except  by  an  authorized  representative 
of  the  department  of  labor , nor  until  the  ma- 
chinery is  made  safe  and  the  required  safe- 
guards or  safety  appliances  or  devices  are  pro- 
vided, and  in  the  meantime  such  unsafe  or  dan- 
gerous machinery  shall  not  be  used.  The  indus- 
trial board  may  make  rules  and  regidations  regulat- 
ing the  installation , position , operation , guarding 
and  use  of  machines  and  machinery  in  operation  in 
factories , the  furnishing  and  use  of  safety  devices 
and  safety  appliances  for  machines  and  machinery 
and  of  guards  to  be  worn  upon  the  person , and 
other  cognate  matters , whenever  it  finds  such  reg- 
ulations necessary  in  order  to  provide  for  the 
prevention  of  accidents  in  factories. 

2.  All  grinding,  polishing  or  buffing  wheels  [used  in 
the  course  of  the  manufacture  of  articles  of  the  baser 
metals]  shall  be  equipped  with  proper  hoods  and  pipes 
and  such  pipes  shall  be  connected  to  an  exhaust 
fan  of  sufficient  capacity  and  power  to  remove  all 
matter  thrown  off  such  wheels  in  the  course  of  their 


107 


use.  Such  fan  shall  be  kept  running  constantly 
while  such  grinding,  polishing  or  buffing  wheels 
are  in  operation  ; except  that  in  the  case  of  wet 
grinding  it  is  unnecessary  to  comply  with  this  pro- 
vision unless  required  by  the  rides  and  regulations 
of  the  industrial  board.  All  machinery  creating 
dust  or  impurities  shall  be  equipped  with  proper 
hoods  and  pipes  and  such  pipes  shall  be  connected  to 
an  exhaust  fan  of  sufficient  capacity  and  power  to  re- 
move such  dust  or  impurities  ; such  fan  shall  be 
kept  running  constantly  while  such  machinery  is  in 
use  ; except  where,  in  case  of  wood-working  ma- 
chinery, the  [commissioner  of  labor,  after  first 
making  and  filing  in  the  public  records  of  his  office 
a written  statement  of  the  reasons  therefor],  indus- 
trial board  shall  decide  that  itis  unnecessary  for  the 
health  and  welfare  of  the  operatives. 

3.  All  passageways  and  other  portions  of  a fac- 
tory, and  all  moving  parts  of  machinery  which  are 
not  so  guarded  as  to  prevent  accidents , where , on 
or  about  which  persons  work  or  pass  or  may  have 
to  work  or  pass  in  emergencies , shall  be  kept  properly 
and  sufficiently  lighted  during  working  hours. 
[When,  in  the  opinion  of  the  commissioner  of  labor, 
it  is  necessary]  The  [workrooms]  halls  and  stairs 
leading  to  the  workrooms  shall  be  properly  and 
adequately  lighted,  and  [in  cities  of  the  first  class, 
if  deemed  necessary  by  the  commissioner  of  labor,] 
a proper  and  adequate  light  shall  be  kept  burning 
by  the  owner  or  lessee  in  the  public  hallways 
near  the  stairs,  upon  the  entrance  door 
and  upon  the  other  floors  on  every  work 
day  in  the  year,  from  the  time  when 
the  building  is  open  for  use  in  the  morning  until 
the  time  it  is  closed  in  the  evening,  except  at  times 
when  the  influx  of  natural  light  shall  make  arti- 


108 


ficial  light  unnecessary.  Such  lights  shall  be  [in- 
dependent of  the  motive  power  of  such  factory]  so 
arranged  as  to  insure  their  reliable  operation  when 
through  accident  or  other  cause  the  regular  factory 
lighting  is  extinguished. 

Jf.  All  workrooms  shall  be  properly  and  ade- 
quately lighted  during  working  hours.  Artificial 
illuminants  in  every  workroom  shall  be  installed , 
arranged  and  used  so  that  the  light  furnished  will  at 
all  times  be  sufficient  and  adequate  for  work  carried 
on  therein , and  so  as  to  prevent  unnecessary  strain 
on  the  vision  or  glare  in  the  eyes  of  the  workers . 
The  industrial  board  may  make  rules  and  regula- 
tions to  provide  for  adequate  and  sufficient  natural 
and  artificial  lighting  facilities  in  all  factories. 

Section  2.  This  act  shall  take  effect  October  first, 
nineteen  hundred  and  thirteen. 


bill  no.  27. 

An  Act  to  amend  the  labor  law,  in  relation  to  ele- 
vators and  hoisting  shafts  in  factory  buildings. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows  : 

Section  1.  Section  seventy-nine  of  chapter 
thirty-six  of  the  laws  of  nineteen  hundred  and 
nine,  entitled  “An  act  relating  to  labor,  constitut- 
ing chapter  thirty-one  of  the  consolidated  laws,”  as 
as  amended  by  chapter  two  hundred  and  ninety- 
nine  of  the  laws  of  nineteen  hundred  and  nine  is 
hereby  amended  to  read  as  follows  : 

§79.  [Inclosure  and  operation  of  eJjEdevators  and 
hoistways  [hoisting  shafts  ; inspection.  If,  in  the 


109 


opinion  of  the  commissioner  of  labor,  it  is  necessary 
to  protect  the  life  or  limbs  of  factory  employees,  the 
owner,  agent  or  lessee  of  such  factory  where  an  ele- 
vator, hoisting  shafts  or  well-hole  is  used,  such  cause, 
upon  written  notice  from  the  commissioner  of 
labor,  the  same  to  be  properly  and  substantially 
inclosed,  secured  or  guarded,  and  shall  provide  such 
proper  traps  or  automatic  doors  so  fastened  in  or  at 
all  elevator  ways,  except  passenger  elevators  in- 
closed on  all  sides,  as  to  form  a substantial  surface 
when  closed  and  so  constructed  as  to  open  and  close 
by  action  of  the  elevator  in  its  passage  either 
ascending  or  descending.  The  commissioner  of 
labor  may  inspect  the  cable,  gearing  or  other  appa- 
ratus of  elevators  in  factories  and  require  them  to 
be  kept  in  a safe  condition.] 

1.  Inclosure  of  shafts.  Eve7*y  hoistway , hatch- 
way or  well-hole  used  for  carrying  passengers 
or  employees , or  for  freight  elevators , hoist- 
ing or  other  purpose , shall  be  protected  on  all 
sides  at  each  floor  including  the  basement 
by  substantial  vertical  inclosures.  All  open- 
ings in  such  inclosures  shall  be  provided  with  self- 
closing gales  not  less  than  six  feet  high  or  with 
properly  constructed,  sliding  doors.  In  the  case  of 
elevators  used  for  carrying  passengers  or  em- 
ployees, such  inclosures  shall  be  flush  with  the 
hatchway  and  shall  extend  from  floor  to  ceiling  on 
every  open  side  of  the  car  and  on  every  other 
side  shall  be  at  least  six  feet  high,  and  such 
enclosures  shall  be  free  from  fixed  obstructions 
on  every  open  side  of  the  car.  In  the  case  of 
freight  elevators  the  inclosures  shall  be  flush  with 
the  hoistway  on  every  open  side  of  the  car.  In  place 
of  the  inclosures  herein  required  for  freight  ele- 
vators, every  hatchway  used  for  freight  elevator 
purposes  may  be  provided  with  trap  doors  so  con- 


110 


sir  acted  as  to  form  a substantial  floor  surface  when 
closed  and  so  arranged  as  to  open  and  close  by  the 
action  of  the  car  in  its  passage  both  ascending  and 
descending ; provided  that  in  addition  to  such  trap 
doors,  the  hatchway  shall  be  adequately  protected 
on  all  sides  at  all  floors,  including  the  basement,  by 
a substantial  railing  or  other  vertical  inclosure  at 
least  three  feet  in  height. 

2.  Guarding  of  elevators  and  hoistioays.  All 
counter-weights  of  every  elevator  shall  be  ade- 
quately protected  by  proper  inclosures  at  the  top 
and  bottom  of  the  run.  The  car  of  all  elevators 
used  for  carrying  passengers  or  employees  shall  be 
substantially  enclosed  on  all  sides,  including  the 
top,  and  such  cars  shall  at  all  times  be  properly 
lighted,  artificial  illuminants  to  be  provided  and 
used  when  necessary.  The  entire  top  of  every 
freight  elevator  car  or  platform  shall  be  provided 
with  a substantial  grating  or  covering  for  the  pro- 
tection of  the  operator  thereof. 

3.  Elevators  and  hoistways  in  factory  buildings 
hereafter  erected.  The  provisions  of  subdivisions 
one  and  two  of  this  section  shall  apply  only  to  fac- 
tory buildings  heretofore  erected,  hi  all  factory 
buildings  hereafter  erected  every  elevator  and 
every  part  thereof  and  all  machinery  connected 
therewith  and  every  hoistway,  hatchway  and  toell- 
hole  shall  be  so  constructed,  guarded,  equipped 
maintained  and  operated  as  to  be  safe  for  all  per- 
sons using  the  same . 

If.  Maintenance  of  elevators  and  hoistways  in 
all  factory  buildings.  In  every  factory  building 
heretofore  erected  or  hereafter  erected,  all  in- 
closures, doors  and  gates  of  hoistioays,  hatchways 
or  well-holes,  and  all  elevators  therein  used  for  the 


Ill 


carrying  of  passengers  or  employees  or  freight  and 
the  gates  and  doors  thereof  shall  at  all  times  he 
kept  in  good  repair  and  in  a safe  condition.  All 
openings  leading  to  elevators  shall  he  kept  well 
lighted  at  all  times  daring  working  hours,  with 
artificial  illumination  when  necessary.  The  cable 
gearing  and  other  apparatus  of  elevators  used  for 
carrying  passengers  or  employees  or  freight  shall 
he  kept  in  a safe  condition. 

5.  Powers  of  industrial  hoard.  The  industrial 
hoard  shall  have  power  to  make  rides  and  regula- 
tions not  inconsistent  with  the  provisions  of  this 
chapter  regulating  the  construction,  guarding, 
equipment,  maintenance  and  operation  of  elevators 
and  all  parts  thereof  and  all  machinery  connected, 
therewith  and  hoistways,  hatchways  and  well-holes 
in  order  to  carry  out  the  purpose  and  intention  of 
this  section. 

Section  2.  This  act  shall  take  effect  October  first, 
nineteen  hundred  and  thirteen. 


bill  no.  28. 

An  Act  to  amend  the  labor  law  in  relation  to  pro- 
tecting the  lives,  health  and  safety  of  em- 
ployees in  dangerous  trades. 

The  People  of  the  State  of  New  York,  repre- 
sented in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  Chapter  thirty-six  of  the  laws  of  nine- 
teen hundred  and  nine,  entitled  “ An  Act  relating 
to  labor,  constituting  chapter  thirty-one  of  the 
consolidated  laws,”  is  hereby  amended  by  inserting 


112 


therein,  after  section  ninety-eight,  a new  section 
to  be  section  ninety-nine,  to  read  as  follows: 

§ 99.  Dangerous  trades.  Whenever  the  indus- 
trial board  shall  find  as  a result  of  its  investigations 
that  any  industry,  trade  or  occupation  by  reason  of 
the  nature  of  the  materials  used  therein  or  the 
products  thereof  or  by  reason  of  the  methods  or 
processes  or  machinery  or  apparatus  employed 
therein  or  by  reason  of  any  other  matter  or  thing 
connected  with  such  industry,  trade  or  occupation, 
contains  such  elements  of  danger  to  the  lives, 
health  or  safety  of  persons  employed  therein  as  to 
require  special  regulation  for  the  protection  of  such 
persons,  said  board  shall  have  power  to  make  such 
special  rules  and  regulations  as  it  may  deem  neces- 
sary to  guard  against  such  elements  of  danger  by 
establishing  requirements  as  to  temperature,  hu- 
midity, the  removal  of  dusts,  gases  or  fumes  and 
requiring  licenses  to  be  applied  for  and  issued  by 
the  commissioner  of  labor  as  a condition  of  carrying 
on  any  such  industry,  trade  or  occupation  and  re- 
quiring medical  inspection  and  supervision  of  per- 
sons employed  and  applying  for  employment  and 
by  other  appropriate  means. 

Section  2.  This  act  shall  take  effect  immediately. 


bill  no.  29 

An  Act  to  amend  the  labor  law  in  relation  to 
foundries. 

The  People  of  the  State  of  New  York,  repre- 
sented in  Senate  and  Assembly,  do  enact  as 
follows : 

Section  1.  Chapter  thirty-six  of  the  laws  of 


113 


nineteen  hundred  and  nine,  entitled  “ An  act  re- 
lating to  labor,  constituting  chapter  thirty-one  of 
the  consolidated  laws,”  is  hereby  amended  by  in- 
serting therein  after  section  ninety-six,  a new 
section,  to  be  section  nine ty-se veil,  to  read  as 
follows  : 

§97.  Brass,  iron  and  steel  foundries.  1.  Foun- 
dries shall  be  subject  to  all  the  provisions  of  this 
chapter  relating  to  factories. 

2.  All  entrances  to  foundries  shall  be  so  con- 
structed and  maintained  as  to  minimize  drafts,  and 
all  windows  therein  shall  be  maintained  in  proper 
condition  and  repair. 

3.  All  passageways  in  foundries  shall  be  con- 
structed and  maintained  of  sufficient  width  to  make 
the  use  thereof  by  employees  reasonably  safe;  dur- 
ing the  progress  of  casting  such  passageways  shall 
not  be  obstructed  in  any  manner. 

4.  Smoke,  steam  and  gases  generated  in  foundries 
shall  be  promptly  and  effectively  removed  there- 
from, and  whenever  it  is  necessary,  exhaust  fans 
of  sufficient  capacity  and  power,  properly  equipped 
with  ducts  and  hoods,  shall  be  provided  and  operated 
to  remove  such  smoke,  steam  and  gases.  The 
milling  and  cleaning  of  castings,  and  milling  of 
cupola  cinders,  shall  be  done  under  such  conditions 
to  be  prescribed  by  the  rules  and  regulations  of  the 
industrial  board  as  will  adequately  protect  the  per- 
sons employed  in  foundries  from  the  dust  arising 
during  the  process. 

5.  All  foundries  shall  be  properly  and  thoroughly 
lighted  during  working  hours  and  in  cold  weather 
proper  and  sufficient  heat  shall  be  provided  and 
maintained  therein.  The  use  of  heaters  discharg- 
ing smoke  or  gas  into  workrooms  is  prohibited.  In 


114 


all  foundries  suitable  provision  shall  be  made  and 
maintained  for  drying  the  working  clothes  of  per- 
sons employed  therein. 

6.  In  every  foundry  in  which  ten  or  more  per- 
sons are  employed  or  engaged  at  labor,  there  shall 
be  provided  and  maintained  for  the  use  of  em- 
ployees therein  suitable  and  convenient  washrooms 
of  sufficient  capacity  adequately  equipped  with  hot 
and  cold  water  service  ; such  washrooms  shall  be 
kept  clean  and  sanitary  and  shall  be  properly  heated 
during  cold  weather.  In  every  such  foundry 
lockers  shall  be  provided  for  the  safe-keeping  of 
employees’  clothing.  In  every  foundry  in  which 
more  than  ten  persons  are  employed  or  engaged 
at  labor  where  water  closets  or  privy  accom- 
modations are  permitted  by  the  commissioner  of 
labor  to  remain  outside  of  the  factory  under  the 
provisions  of  section  eighty-eight-a  of  this  chapter, 
the  passageway  leading  from  the  foundry  to  the 
said  water  closets  or  privy  accommodations  shall  be 
so  protected  and  constructed  that  the  employees  in 
passing  thereto  or  therefrom  shall  not  be  exposed 
to  outdoor  atmosphere  and  such  water  closets  or 
privy  accommodations  shall  be  properly  heated  dur- 
ing cold  weather. 

7.  The  flasks,  molding  machines,  ladles,  cranes 
and  apparatus  for  transporting  molten  metal  in 
foundries  shall  be  maintained  in  proper  condition 
and  repair,  and  any  such  tools  or  implements  that 
are  defective  shall  not  be  used  until  properly 
repaired.  There  shall  be  in  every  foundry, 
available  for  immediate  use,  an  ample  supply  of 
lime  water,  olive  oil,  vaseline,  bandages  and 
absorbent  cotton,  to  meet  the  needs  of  em- 
ployees in  case  of  burns  or  other  accidents;  and  any 


115 


other  equally  efficacious  remedy  for  burns  may  be 
substituted  for  those  herein  prescribed. 

Section  2.  This  act  shall  take  effect  October  first, 
nineteen  hundred  and  thirteen. 


bill  no.  30. 

An  Act  to  amend  the  labor  law,  in  relation  to  the 
prohibition  of  the  employment  of  children  in 
the  operation  of  dangerous  machinery  and  in 
trades,  occupations  or  processes  of  manufac- 
ture dangerous  or  injurious  to  their  health 
and  in  relation  to  the  prohibition  of  the  em- 
ployment of  women  in  the  core- rooms  of 
foundries. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows  : 

Section  1.  Section  ninety-three  of  chapter  thirty- 
six  of  the  laws  of  nineteen  hundred  and  nine, 
entitled  “ An  act  relating  to  labor,  constituting 
chapter  thirty-one  of  the  consolidated  laws,”  as 
amended  by  chapter  one  hundred  and  seven  of  the 
laws  of  nineteen  hundred  and  ten,  is  hereby  amended 
to  read  as  follows: 

§ 93.  Prohibited  employment  of  women  and 
children,  i.  No  child  under  the  age  of  sixteen 
years  shall  be  employed  or  permitted  to  work  in 
operating  or  assisting  in  operating  any  of  the 
following  machines:  Circular  or  band  saws,  wood- 
shapers,  wood  jointers,  planers,  sandpaper  or 
wood  polishing  machinery;  picker  machines  or 
machines  used  in  picking  wool,  cotton,  hair 
or  any  upholstery  material ; paper  lace  machines  ; 


116 


burnishing  machines  in  any  tannery  or  leather 
manufactory  ; job  or  cylinder  printing  presses  hav- 
ing motive  power  other  than  foot  ; wood-turning  or 
boring  machinery ; drill  presses  ; metal  or  paper 
cutting  machines  ; corner  staying  machines  in  paper 
box  factories ; stamping  machines  used  in  sheet 
metal  and  tinware  manufacturing  or  in  washer  and 
nut  factories  ; machines  used  in  making  corrugat- 
ing rolls  ; steam  boilers  ; dough  brakes  or  cracker 
machinery  of  any  description  ; wire  or  iron  straight- 
ening machinery  ; rolling  mill  machinery  ; power 
punches  or  shears  ; washing,  grinding  or  mixing 
machinery  ; calendar  rolls  in  rubber  manufactur- 
ing ; or  laundering  machinery  ; or  in  operating  or 
assisting  in  operating  any  other  machines  or  ma- 
chinery which  may  be  found  by  the  industrial  board 
to  be  dangerous  and  specified  as  such  from  time  to 
time  in  rules  and  regulations  adopted  by  such 
board. 

No  child  under  the  age  of  sixteen  years  shall 
be  employed  or  permitted  to  work  at  adjusting  or 
assisting  in  adjusting  any  belt  to  any  machinery; 
oiling  or  assisting  in  oiling,  wiping  or  cleaning 
machinery;  or  in  any  capacity  in  preparing  any 
composition  in  which  dangerous  or  poisonous  acids 
are  used;  or  in  the  manufacture  or  packing  of 
paints,  dry  colors,  or  red  or  white  lead;  or  dipping, 
dyeing  or  packing  matches ; or  in  the  manufacture, 
packing  or  storing  of  powder,  dynamite, 
nitroglycerine,  compounds,  fuses,  or  other 
explosives;  or  in  or  about  any  distillery, 
brewery,  or  any  other  establishment  where  malt 
or  alcholic  liquors  are  manufactured,  packed, 
wrapped,  or  bottled;  and  no  female  under  the  age 
of  sixteen  shall  be  employed  or  permitted  to  work 
in  any  capacity  where  such  employment  compels 


117 


her  to  remain  standing  constantly.  No  child  under 
the  age  of  sixteen  years  shall  be  employed  or  per- 
mitted to  have  the  care,  custody  or  management  of 
or  to  operate  an  elevator  either  for  freight  or  pas- 
sengers. No  person  under  the  age  of  eighteen 
years  shall  be  employed  or  permitted  to  have  the 
care,  custody  or  management  of  or  to  operate  an 
elevator  either  for  freight  or  passengers  running  at  a 
speed  of  over  two  hundred  feet  a minute.  No 
male  persons  under  eighteen  years  or  woman  under 
twenty-one  years  of  age  shall  be  permitted  or 
directed  to  clean  machinery  while  in  motion.  No 
male  child  under  the  age  of  eighteen  years,  nor 
any  female,  shall  be  employed  in  any  factory  in 
this  state  in  operating  or  using  any  emery,  tripoli, 
rouge,  corundum,  stone,  carborundum  or  any 
abrasive,  or  emery  polishing  or  buffing  wheel, 
where  articles  of  [the  baser]  metal [s  or  of  iridium] 
are  manufactured. 

3.  In  addition  to  the  cases  provided  for  in  the 
foregoing  subdivisions , the  industrial  board , when 
as  a result  of  its  investigations  it  finds  that  any 
particular  trade , process  of  manufacture , or  occu- 
pation, or  particular  method  of  carrying  on  any 
trade , process  of  manufacture,  or  occupation , is 
dangerous  or  injurious  to  the  health  of  minors 
under  eighteen  years  of  age  employed  therein , 
shall  have  power  to  adopt  rules  and  regulations 
prohibiting  the  employment  of  such  minors  therein. 

b.  No  female  shall  be  employed  or  permitted  to 
ivork  in  any  brass , iron  or  steel  foundry , at  or  in 
connection  with  the  making  of  cores  ivliere  the  oven 
in  which  the  cores  are  baked  is  located  in  the  same 
room  or  space  in  ivhich  the  cores  are  made.  The 
erection  of  a partition  separating  the  oven  from 


118 


the  space  where  the  cores  are  made  shall  not  he  suffi- 
cient unless  the  said  partition  extends  from  the  floor 
to  the  ceiling , and  the  partition  is  so  constructed 
and  arranged , and  any  openings  therein  so  pro- 
tected that  the  gases  and  fumes  from  the  core  oven 
' will  not  enter  the  room  or  space  in  which  the  women 
are  employed . The  industrial  hoard  shall  have 
power  to  adopt  rules  and  regulations  regulating 
the  construction,  equipment,  maintenance  and 
operation  of  core  rooms  and  the  size  and  weight  of 
cores  that  may  he  handled  by  women , so  as  to  pro- 
tect the  health  and  safety  of  women  employed  in 
core  rooms. 

Section  2.  This  act  shall  take  effect  October 
first,  nineteen  hundred  and  thirteen. 


bill  no.  31. 

An  Act  to  amend  the  public  health  law  in  relation 
to  the  sale  of  wood  alcohol. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows  : 

Section  1.  Chapter  forty-nine  of  the  laws  of 
nineteen  hundred  and  nine,  entitled  “An  Act  in 
relation  to  the  public  health,  constituting  chapter 
forty-five  of  the  Consolidated  Laws,”  is  hereby 
amended  by  inserting  therein,  after  section  three 
hundred  and  eighteen -a,  a new  section,  to  be  sec- 
tion three  hundred  and  eighteen-b,  to  read  as  fol- 
lows : 

§ 318b.  Sale  of  wood  alcohol. — No  person  shall 
sell  any  wood  alcohol  nor  any  fluid  containing  wood 


119 


alcohol  unless  the  bottle,  vessel  or  other  container 
in  which  the  same  is  sold  or  transported  shall  bear 
a label  containing  the  following  words  conspicuously 
printed  in  red  ink  : 

“ Poison 

WOOD  ALCOHOL 

Do  not  use  except  where  there  is  sufficient 
ventilation.” 

Section  2.  This  act  shall  take  effect  October 
first,  nineteen  hundred  and  thirteen. 


BILL  NO.  32. 

An  Act  to  continue  the  commission  created  by 
chapter  five  hundred  and  sixty- one  of  the  laws 
of  nineteen  hundred  and  eleven,  entitled  “ An 
Act  to  create  a commission  to  investigate  the 
conditions  under  which  manufacture  is  carried 
on  in  cities  of  the  first  and  second  class  in  this 
State,  and  making  appropriation  therefor,” 
and  to  enlarge  the  scope  of  the  investigation  of 
the  commission  and  making  an  appropriation 
therefor. 

The  People  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  do  enact  as  follows: 

Section  1.  The  commission  created  by  chapter 
five  hundred  and  sixty-one  of  the  laws  of  nineteen 
hundred  and  eleven,  entitled  “ An  Act  to  create  a 
commission  to  investigate  the  conditions  under 
which  manufacture  is  carried  on  in  cities  of  the  first 
and  second  class  in  this  State,  and  making  an  appro- 
priation therefor,”  is  hereby  continued  with  all  the 
powers  conferred  by  said  chapter,  as  amended  by 


120 


chapter  twenty-one  of  the  laws  of  nineteen  hundred 
and  twelve. 

Section  2.  In  addition  to  the  powers  hereto- 
fore conferred  upon  it  by  such  chapter,  as  amended, 
the  said  commission  shall  have  power  to  inquire  into 
the  wages  of  labor  in  all  industries  and  employ- 
ments and  the  conditions  under  which  labor  is  car- 
ried on  throughout  the  state,  and  into  the  advisa- 
bility of  fixing  minimum  rates  of  wages  or  of  other 
legislation  relating  to  the  wages  or  conditions  of 
labor  in  general  or  in  any  industry.  Said  commis- 
sion shall  also  have  power  to  subpoena  and  require 
the  attendauce  of  witnesses  and  the  production  of 
books  and  papers  pertaining  to  the  investigations 
and  inquiries  hereby  authorized  and  to  take  the  tes- 
timony of  all  such  witnesses  and  to  examine  all 
such  books  and  papers  in  relatiou  to  any  matter 
which  it  has  power  to  investigate. 

Section  3.  The  said  commission  shall  make  a 
report  of  its  proceedings,  together  with  its  recom- 
mendations, including  a revision  of  the  Labor  Law, 
to  be  prepared  by  the  said  commission  if  deemed 
advisable  by  it,  to  the  legislature  on  or  before  the 
fifteenth  day  of  February,  nineteen  hundred  and 
fourteen. 

Section  4.  The  sum  of  fifty  thousand  ($50,- 
000)  dollars,  or  so  much  thereof  as  may  be  needed, 
is  hereby  appropriated  for  the  actual  and  necessary 
expenses  of  the  commission  in  carrying  out  the  pro- 
visions of  chapter  five  hundred  and  sixty-one  of  the 
laws  of  nineteen  hundred  and  eleven,  as  amended, 
and  of  this  act,  payable  by  the  treasurer  on  the 
warrant  of  the  comptroller  on  the  order  of  the 
chairman  of  said  commission. 

Section  5.  This  act  shall  take  effect  imme- 
diately. 


